FCC Web Documents citing 73.658

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • programming decisions); WCHS-AM-TV Corp., 8 FCC 2d 608, 609 (1967) (maintenance of control over programming is a most fundamental obligation of the licensee). See Hill Response at 5-7. See Pappas Consolidated Response at 6-8. See Hill Response at 5-7; Pappas Consolidated Response at 6-8. Hill Response at 6; Pappas Consolidated Response at 8. See supra paragraph 22. 47 C.F.R. § 73.658(e). See supra paragraph 20. See JW Response at 1. See Mission Response at n. 3. See Smith Response at 1. See 438 U.S. 726 (1978). See FOX/Affiliates Consolidated Response at 7. See id. at 7-8. Action for Children's Television v. FCC, 58 F.3d 654, 660 (D.C. Cir. 1995) (en banc) (``ACT III''). See also Prometheus Radio Project v. FCC, 373
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-00-1337A1.doc
  • of 1934. Section 614 requires that the Commission make revisions needed to update the list of top 100 television markets and their designated communities. Section 76.51 of the Commission's rules enumerates the top 100 television markets and the designated communities within those markets. Among other things, the top 100 market list is used to determine territorial exclusivity rights under Section 73.658(m) of the Commission's rules and helps define the scope of compulsory copyright license liability for cable operators. In addition to broadcast territorial exclusivity, television stations that are part of a hyphenated market may assert network non-duplication rights and syndicated programming exclusivity against other television stations throughout the hyphenated market. A hyphenated television market, a television market that consists of more
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  • Reply Comment Date: August 22, 2001 On March 8, 2001, Network Affiliated Stations Alliance (NASA) filed a Petition for Inquiry into Network Practices (Petition). NASA's Petition asked the FCC to institute an inquiry as to whether certain alleged practices of the top four television networks with respect to their affiliates are consistent with the Commission's network rules, 47 C.F.R. § 73.658; the Communications Act; and the public interest. In addition, NASA asked that the Commission examine, in the inquiry, what additional steps it should take to ``limit or prevent other improper network conduct not deemed to violate existing rules.'' In a letter, dated May 2, 2001, submitted to the Commission, counsel for NASA urged that the Commission treat its Petition as
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  • no later than January 1, 2002, and networks launched after January 1, 1998, are exempt from the closed captioning requirements for a four year period calculated from the network's launch date. Shop At Home states that it was established in 1986 and that its ``broadcast distribution system did not evolve into a network,'' as the term is defined in Section 73.658(g)(1) of the Commission's rules, until February 1996. It asserts that it clearly had not yet reached its fourth network anniversary as of January 1, 1998, and therefore qualified for the ``new network'' closed captioning exemption. Shop At Home argues that while NAD points out that this definition of network is applied in the broadcast context, the use of the definition
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  • ORDERED, that the petition filed by Wyomedia Corporation IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. §76.101. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. See 47 C.F.R. §76.101. 103 FCC 2d 407 (1986). This waiver criteria pertains to syndicated exclusivity protection as well. See 47 C.F.R. §76.101. See 47 C.F.R. §76.54(b). See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). Petition at 1-2. Id. at Exhibit A. Reply at 1. Id. at 2, citing KCST-TV, Inc., 103 FCC 2d 407
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  • is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. §76.92. 47 C.F.R. §§76.5(i) and 76.54. See 47 C.F.R. §§ 76.92 and 76.101. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. See 47 C.F.R. §76.101. 103 FCC 2d 407 (1986). See 47 C.F.R. §76.54(b). See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). Petition at 1-2. WIBW-TV states that KCTV achieved its significantly viewed status by its inclusion in Appendix B to the Reconsideration of the Cable Television Report and Order, 36 FCC 2d 326, 378 (1992).
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  • that the petition filed by MMM License LLC IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. §76.92. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. 47 C.F.R. §§76.5(i) and 76.54. KXLY-TV was deemed significantly viewed in Flathead County on the basis of the Commission's original surveys for significantly viewed status. See Reconsideration of the Cable Television Report and Order, Appendix B, 36 FCC 2d 326 (1972). 103 FCC 2d 407 (1986). See 47 C.F.R. §76.54(b). Petition at 2. Id. Id. Id. 47 C.F.R.
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  • Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. §76.92(f); 47 C.F.R. §76.101. See 47 C.F.R. §76.92. 47 C.F.R. §§76.5(i) and 76.54. See 47 C.F.R. §§ 76.92 and 76.101. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. See 47 C.F.R. §76.101. 103 FCC 2d 407 (1986). 47 C.F.R. §76.5(i). See 47 C.F.R. §76.54(b). See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). Petition at 1-2. WTAP-TV states that WSAZ-TV achieved its significantly viewed status by its inclusion in Appendix B to the Reconsideration of the Cable Television Report and Order, 36 FCC 2d
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 02-913 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov MEDIA BUREAU ACTION April 19, 2002 Petition for Special Relief Seeking a Waiver of Section 73.658(i) of the Commission's Rules BSR-001 Azteca International Corporation (``Azteca America''), a new Spanish-language national broadcast television network, has filed a petition for special relief requesting that the Commission waive Section 73.658(i) of the Commission's rules (47 C.F.R. §73.658(i)) prohibiting network organizations from representing affiliated broadcast stations in the ``spot sales'' advertising market. Specifically, Azteca America states that this waiver is
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Azteca International Corporation ) BSR-001 ) (Azteca America) ) ) Petition for Waiver of Section 73.658(i) ) ) of the Commission's Rules ) ORDER Adopted: May 23, 2003 Released: May 27, 2003 By the Chief, Media Bureau: Azteca International Corporation (``Azteca America'') filed a petition for waiver of Section 73.658(i) of the Commission's rules (``Petition''), which prohibits network organizations from representing affiliated broadcast stations in the spot sales television advertising market. Pappas Telecasting filed an Opposition
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  • 76.101. With respect to each syndicated program, the ``geographic zone'' within which the television station is entitled to enforce syndicated exclusivity rights is the geographic area agreed upon between the program rights holder and the television station. The geographic zone is limited to the area in which the station has obtained territorial exclusivity rights as defined by 47 C.F.R. § 73.658(m), or if the station is part of a hyphenated market, to the area in which the station has obtained territorial exclusivity rights for each named community in that market. 47 C.F.R. § 76.101 (note). The cable operator may, however, substitute a program from any other television broadcast station for that deleted program. 47 C.F.R. § 76.110. A community unit is
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  • community or in a county, it must achieve in noncable homes a share of at least 3 percent (total week hours) and a net weekly circulation of at least 25 percent. See 47 C.F.R. §§ 76.5(i) and 76.54. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658 and 76.53. 103 FCC 2d 407 (1986). See 47 C.F.R. § 76.54(b). The cable communities served by Comcast are Tupelo, Mantachie, Marietta, Okalona, Plantersville, Saltillo, Sherman, Tremon, Verona, and the unincorporated areas of Lee County, Mississippi (known as Morreville, Belden, and Bissell). Petition at 2. WMC-TV achieved its significantly viewed status in the subject counties by its inclusion in Appendix
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  • duplicating syndicated programming that has been purchased by a local station on an exclusive basis. See 47 C.F.R. §§ 76.92, 76.101. In both situations, the Commission's rules generally provide stations such protection within a station's 35-mile geographic zone. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658(m), 76.53. Monroe Utilities Complaint at 9. Morris Opposition at 3. Id. at 4-6. Id. at 6-7. Id. at 8. Id. at 9. NBC Opposition at 3-8. Gannett Opposition at 3. Id. at 4-5. Covington Opposition at 2. Morris Complaint at 1. Id. at 1-2. Id. at 2. Id. Id. at 7. Morris Opposition at 8. The purpose of the good
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-747 Released: March 19, 2004 COMMENT SOUGHT ON ``REQUEST FOR EXPEDITED DECLARATORY RULING'' CONCERNING THE TERRITORIAL EXCLUSIVITY RULE (SECTION 73.658(B) OF THE COMMISSION'S RULES) ``PERMIT BUT DISCLOSE'' EX PARTE STATUS ACCORDED MB Docket No. 04-75 Comment Date: April 28, 2004 Reply Comment Date: May 10, 2004 On February 25, 2004, Max Media of Montana LLC (``Max Media'') filed a ``Request for Expedited Declaratory Ruling'' (``Request''). The Request seeks a Commission ruling concerning Section 73.658(b) of the Commission's Rules (47 C.F.R.
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  • § 325(b);47 C.F.R. §76.64-70. 47 U.S.C. § 325(b); 47 C.F.R. §76.64. 47 C.F.R. §76.120-122 and §76.92-95. See 47 C.F.R. §§ 76.92 and 76.93. The Commission's rules provide stations such protection within a 35-mile geographic zone (or 55 miles in smaller markets), which extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658(m), 76.53, and 76.92 Note. 47 C.F.R. §76.122, 124. The FCC's definition of ``nationally distributed superstation'' can be found at 47 C.F.R. §76.120. 47 C.F.R. §76.101-110, §76.120 and §76.123-125. See 47 C.F.R. §§ 76.101 and 76.103. The Commission's rules provide such protection within a station's 35-mile geographic zone, which extends from the reference point of the community of license of the
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  • authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R. §76.92(f); see 47 C.F.R. §§76.5(i) and 76.54. See 47 C.F.R. §76.101. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. See 47 C.F.R. §§76.92(f) and 76.106. 103 FCC 2d 407 (1986). 47 C.F.R. §76.5(i). See 47 C.F.R. §76.54(b). See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). Petition at 1. Petition at 1-2. WNKY states that WAVE-TV achieved its significantly viewed status by its inclusion in Appendix B to the Reconsideration of the Cable Television Report
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  • television stations under common control with BTC which Max Media alleges adversely impact KTGF. Specifically, on February 25, 2004, Max Media filed a ``Request for Expedited Declaratory Ruling'' challenging the network arrangements between NBC and six television stations (including KCWY) purportedly under common control of Sunbelt and alleging that those arrangements appear to violate the ``territorial exclusivity'' provisions of Section 73.658(b) of the Commission's Rules, 47 C.F.R. §73.658(b). Although Max Media acknowledges that the Commission is assessing its territorial exclusivity complaint in a separate proceeding, it maintains in the instant petition that those allegations also evidence one of a variety of means that Sunbelt has employed to exercise de facto control of KCWY without FCC consent before the station was even
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  • is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau See 47 C.F.R. §76.92; 47 C.F.R. §76.101. 47 C.F.R. §76.92(f); see 47 C.F.R. §§76.5(i) and 76.54. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. 47 C.F.R. §76.106(a). FCC 05-187 (rel 11/2/05) (``SHVERA Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Order at ¶¶ 39-41; see also 47 U.S.C. § 340(e)(2). 103 FCC 2d 407 (1986). Section 76.54(b) describes the required survey procedures for adding a station to the significantly viewed list based on
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  • and the 55-mile geographic zone around all smaller markets extends from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and Order, 20 FCC Rcd at 17295-26; see
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  • television broadcast station WWBT (Ch. 12), Richmond, Virginia, filed a motion for extension of time to file a response to WVIR-TV's petition. Subsequently, by letter dated August 29, 2005, WWBT elected not to file a response. See 47 C.F.R. §§ 76.92 and 76.101. 47 C.F.R. §§ 76.92(f) and 76.106(a); see 47 C.F.R. §§ 76.5(i) and 76.54. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, FCC 05-187 (rel. Nov. 3, 2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report
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  • II, LP, IS GRANTED. This action is taken pursuant to authority delegated under Section 0.283 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Media Bureau 47 C.F.R. §§ 76.92(f), 76.106(a), 76.122(j), and 76.123(k). See 47 C.F.R. §§ 76.92 and 76.101. 47 C.F.R. §§ 76.92(f) and 76.106(a); see 47 C.F.R. §§76.5(i) and 76.54. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, FCC 05-187 (rel. Nov. 3, 2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report
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  • (the significantly viewed exception to the cable syndicated exclusivity rules) would also appertain based on the same showing that a station is no longer significantly viewed in the relevant community. See 47 C.F.R. §§ 76.92(f) and 76.106(a). See 47 C.F.R. §§ 76.92 and 76.101. 47 C.F.R. §§ 76.92(f) and 76.106(a); see 47 C.F.R. §§76.5(i) and 76.54. See 47 C.F.R. §§ 73.658 and 76.53. 103 FCC 2d 407 (1986). See 47 C.F.R. §76.54(b). 47 C.F.R. §76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). Petition at 1. Id. Petition at 3. KMIR-TV states that KNBC achieved its significantly viewed status by its inclusion in Appendix B to the Reconsideration of the Cable Television Report and Order, 36 FCC
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  • here at issue may not be carried by a satellite carrier as significantly viewed into Palm Springs, Gulf's waiver request is only necessary and addressed in the context of cable carriage. 47 C.F.R. §§ 76.92(f) and 76.106(a). See 47 C.F.R. §§ 76.92 and 76.101. 47 C.F.R. §§ 76.92(f) and 76.106(a); see 47 C.F.R. §§76.5(i) and 76.54. See 47 C.F.R. §§ 73.658 and 76.53. 103 FCC 2d 407 (1986). See 47 C.F.R. §76.54(b). 47 C.F.R. §76.5(i). Id. See Chambers Cable of Oregon, Inc., 5 FCC Rcd 5640 (1990). Petition at 1. Gulf states that Time Warner serves the communities of Cathedral City, Coachella, Indio, La Quinta, Mecca, Palm Desert, Palm Springs, Rancho Mirage, and Thousand Palms, California; and Adelphia serves the community
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  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
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  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
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  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
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  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-319A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-319A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-319A1.txt
  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3202A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3202A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-3202A1.txt
  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-402A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-402A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-402A1.txt
  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-403A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-403A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-403A1.txt
  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4106A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4106A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-4106A1.txt
  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-1310A1.pdf
  • notice to clarify or update the contents. Direct your comments or calls for further assistance, to the FCC's Consumer Center: 1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC(1-888-835-5322) Fax: 202-418-0232 fccinfo@fcc.gov 2 Compliance Requirements General Responsibility All broadcast licensees are required to comply with the Federal Communications Commission's (FCC) broadcast ownership rules. The FCC's broadcastownership rules are contained in 47 C.F.R. §§ 73.3555 and 73.658(g). Among other things, the rules limit the number of broadcast licenses that one entitymaycontrol in a single market. The Report and Order completes the 2006 quadrennial review of the broadcast ownership rules pursuant to Section 202(h) of the Telecommunication Act of 1996, which requires the FCC to review its broadcast ownership rules everyfour years to determine whether theyremain necessaryin the
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  • station's authorized frequency). See, e.g., 47 C.F.R. § 73.44(b). We therefore attach no significance to the Residents' measurements purporting to show that harmonic radiation increases when KRPI converts operations to its authorized daytime power level. See KRPI Engineering Statement (Photo Attachment). See Network Representation of TV Stations in National Spot Sales, Request of Spanish International Network for Waiver of § 73.658(i), Request of Telemundo Group for Waiver of § 73.658(i), Request of Latin International Group for Waiver of § 73.658(i), Report and Order, 5 FCC Rcd. 7280, 7281 (1990). (``[f]ostering foreign-language programming'' is a ``longstanding goal'' of the Commission.) Letter to Betsy Webster, et al, DA 07-3821, (Aud. Div. Sept. 4, 2007). (``[C]oncern over property values is not an environmental factor
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2279A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2279A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2279A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit è è è DA 09-2279 Released: October 23, 2009 MEDIA BUREAU ACTION comment dates established for ESTRELLA TV petition FOR WAIVER OF 47 C.F.R. § 73.658(i), THE NETWORK REPRESENTATION RULE MB Docket No. 09-192 Comment Date: November 23, 2009 Reply Comment Date: December 7, 2009 Liberman Television LLC (``Liberman''), operator of a new Spanish-language national broadcast television network (Estrella TV), has filed a petition for special relief requesting that the Commission waive Section 73.658(i) of the Commission's rules (47 C.F.R. §73.658(i)) prohibiting network organizations from representing
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  • respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined in § 73.658(m) of this Chapter...'' Section 76.658(m) specifically prohibits any contract that extends network non-duplication protection beyond a 35-mile zone. Complaint at 8. SHVERA Reciprocal Bargaining Order, 20 FCC Rcd at 10354, ¶ 33 Retransmission Consent and Exclusivity Rules: Report to Congress Pursuant to Section 208 of the Satellite Home Viewer Extension and Reauthorization Act of 2004, 2005 WL 2206070, ¶ 49
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-1455 Released: August 9, 2010 MEDIA BUREAU ACTION comment dates established for MAMBO petition FOR WAIVER OF 47 C.F.R. § 73.658(i), THE NETWORK REPRESENTATION RULE MB Docket No. 10-161 Comment Date: September 8, 2010 Reply Comment Date: September 23, 2010 Mambo, LLC (``Mambo''), which is planning to launch a Spanish-language broadcast television network (``GenTV''), has filed a petition seeking a waiver of Section 73.658(i) of the Commission's rules (47 C.F.R. §73.658(i)) which prohibits broadcast stations from being represented by their affiliated
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1849A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1849A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-1849A1.txt
  • the 55-mile geographic zone around all smaller markets extend from the reference point of the community of license of the television station. These reference points are listed in Section 76.53 of the Commission's rules. Where a community's reference point is not given, the geographic coordinates of the main post office in the community shall be used. See 47 C.F.R. §§ 73.658 and 76.53. Implementation of the Satellite Home Viewer Extension and Reauthorization Act of 2004; Implementation of Section 340 of the Communications Act, MB Docket No. 05-49, Report and Order, 20 FCC Rcd 17278 (2005) (``SHVERA Significantly Viewed Report and Order''). 47 C.F.R. §§ 76.122(j)(2) and 76.123(k)(2). See KCST-TV, Inc., 103 FCC 2d 407 (1986). See SHVERA Significantly Viewed Report and
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  • Rocking M concerning money damages before a local court of competent jurisdiction. The Commission does not decide such contractual matters. We note that the Commission has imposed additional limitations in the context of television network affiliation agreements, prohibiting the imposition of monetary penalties on television affiliates in the narrow context of preemptions protected by the ``right to reject'' rule, Section 73.658(e). That rule is inapplicable to the Affiliation Agreements. The Commission has not imposed a similar restriction with regard to radio LMAs or any other type of radio programming agreement. As noted above and to the contrary, it has concluded that reasonable liquidated damages are consistent with Section 310(d) requirements. We hold that reasonable monetary damages relating to an otherwise enforceable
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Liberman Television LLC ) MB Docket No. 09-192 (Estrella TV) ) ) Petition for Waiver of Section 73.658(i) ) of the Commission's Rules ) ORDER Adopted: May 6, 2010 Released: May 6, 2010 By the Chief, Media Bureau: Liberman Television LLC (``Liberman'') filed a petition for a permanent or temporary waiver of Section 73.658(i) of the Commission's rules (``Petition''), which prohibits broadcast stations from being represented by their affiliated networks in the spot sales television advertising market. The
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-775A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-775A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-10-775A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-775 Released: May 6, 2010 MEDIA BUREAU ACTION comment dates established for MEGATV petition FOR WAIVER OF 47 C.F.R. § 73.658(i), THE NETWORK REPRESENTATION RULE MB Docket No. 10-89 Comment Date: June 7, 2010 Reply Comment Date: June 22, 2010 Spanish Broadcasting System, Inc. (``SBS''), operator of a Spanish-language broadcast television network and video programming service (MegaTV), has filed a petition seeking a waiver of Section 73.658(i) of the Commission's rules (47 C.F.R. §73.658(i)) which prohibits broadcast stations from being represented
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2039A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2039A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2039A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Mambo, LLC (GenTV) ) MB Docket No. 10-161 ) ) Petition for Waiver of Section 73.658(i) ) of the Commission's Rules ) ORDER Adopted: December 19, 2011 Released: December 20, 2011 By the Chief, Media Bureau: Mambo, LLC (``Mambo'') filed a petition seeking a permanent waiver of Section 73.658(i) of the Commission's rules (``Petition''), which prohibits broadcast stations from being represented by their affiliated networks in the spot sales television advertising market. The Petition is unopposed.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2041A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2041A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-2041A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Spanish Broadcasting System, Inc. ) MB Docket No. 10-89 (MegaTV) ) ) Petition for Waiver of Section 73.658(i) ) of the Commission's Rules ) ORDER Adopted: December 19, 2011 Released: December 20, 2011 By the Chief, Media Bureau: Spanish Broadcasting System, Inc. (``SBS'') filed a petition seeking a permanent waiver of Section 73.658(i) of the Commission's rules (``Petition''), which prohibits broadcast stations from being represented by their affiliated networks in the spot sales television advertising market. The Petition
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-153A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-153A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-153A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 12-153 Released: February 6, 2012 MEDIA BUREAU ACTION comment dates established for FOX petition FOR EXPEDITED WAIVER OF 47 C.F.R. § 73.658(i), THE NETWORK REPRESENTATION RULE MB Docket No. 12-31 Comment Date: March 7, 2012 Reply Comment Date: March 22, 2012 Fox Networks Group, Inc. (``Fox''), which intends to operate a Spanish-language broadcast television network and video programming service (MundoFox Broadcasting LLC, or ``MundoFox''), has filed a petition on behalf of MundoFox's ``expected affiliate station partners'' seeking a permanent waiver of Section
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-220A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-220A2.txt
  • Table of Allotments MB 03-206 View 03-206 edocs: 03-206 9/11/2003 316/13/2005Request for comment on Petition regarding DBS Public Interest Obligations and Private Contractual Arrangements. MB 04-64 View 04-64 edocs: 04-64 3/11/2004 833/11/2005Digital Output Protection Technologyand Recording Method Certifications: Digital Transmission Content Protection MB 04-75 View 04-75 edocs: 04-75 3/22/2004 346/30/2005In the Matter of Clarification of the Territorial ExclusivityLimits of Section 73.658(b) of the Commissions Rules as Applied to the Restrictions on Access to NBC Network Programming in the Great Falls, Montana Community. . MB 04-144 View 04-144 edocs: 04-144 4/6/2004 34 9/1/2005In re Applications of PiscatawayBoard of Education For Renewal of License For Noncommercial Educational Station WVPH (FM) Piscataway, New Jersey and King's Temple Ministries, Inc. For a Construction Permit For
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-744A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-744A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-744A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Federal Communications Commission Washington, D.C. 20554 In the matter of ) ) Fox Networks Group, Inc. (MundoFox) ) MB Docket No. 12-31 ) ) Petition for Waiver of Section 73.658(i) ) of the Commission's Rules ) ORDER Adopted: May 10, 2012 Released: May 10, 2012 By the Chief, Media Bureau: Fox Networks Group, Inc. (``Fox'') filed a petition ``on behalf of MundoFox Broadcasting LLC and its expected affiliate station partners'' seeking a permanent waiver of Section 73.658(i) of the Commission's rules (``Petition''), which prohibits broadcast stations from being represented by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211956A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211956A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-211956A1.txt
  • TO HOLD OPEN COMMISSION MEETING THURSDAY, APRIL 19, 2001 in Room TW-C305, at 445 12th Street, S. W., Washington, D.C. ITEM NO. BUREAU SUBJECT 1 COMMON CARRIER TITLE: Developing a Unified Intercarrier Compensation Regime. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking to explore ways of reforming existing intercarrier compensation rules. 2 MASS MEDIA TITLE: Amendment of Section 73.658(g) of the Commission's Rules - - The Dual Network Rule (MM Docket No. 00-108). SUMMARY: The Commission will consider a Report and Order resolving the issues raised in the Notice of Proposed Rule Making. 3 MASS MEDIA TITLE: Status of the Digital Television Transition. SUMMARY: The Commission will hear a presentation on the status of the transition from analog to
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  • assembling coverage from multiple sources in the spot market. John M. Higgins and Allison Romano, ``Cheaper by the thousand.'' Broadcasting and Cable Feb. 4, 2002, at 20-28. See Report and Order in MM Docket No. 95-39 (Review of the Syndication and Financial Interest Rules), 10FCC Rcd 12165 (1995) and Report and Order in MM Docket No. 00-108 (Amendment of Section 73.658(g) of t he Commission's Rules - The Dual Network Rule), 16 FCC Rcd 11114 (2001). See Bear Stearns Diversified Entertainment Equity Research, Media, Diversified Entertainment, We Are Family, May 2002, p. 5 (stating that the big three commercial networks were marginally profitable in the 1980's and that in 2002 the six major commercial networks, taken together, will lose money). ,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit œ œ œ œ œ œ œ DA 04-747 Released: March 19, 2004 COMMENT SOUGHT ON ``REQUEST FOR EXPEDITED DECLARATORY RULING'' CONCERNING THE TERRITORIAL EXCLUSIVITY RULE (SECTION 73.658(B) OF THE COMMISSION'S RULES) ``PERMIT BUT DISCLOSE'' EX PARTE STATUS ACCORDED MB Docket No. 04-75 Comment Date: April 28, 2004 Reply Comment Date: May 10, 2004 On February 25, 2004, Max Media of Montana LLC (``Max Media'') filed a ``Request for Expedited Declaratory Ruling'' (``Request''). The Request seeks a Commission ruling concerning Section 73.658(b) of the Commission's Rules (47 C.F.R.
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257534A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-257534A1.pdf
  • Inc., 60 F.C.C.2d 371, 420 (1976) ¶ 147, reversed on other grounds, Central Florida Enterprises, Inc. v. FCC, 598 F.2d 37 (D.C. Cir. 1978), cert. dismissed, 441 U.S. 957 (1979). See, e.g., Petition for Rulemaking to Require Broadcast Licensees to Show Nondiscrimination in Their Employment Practices, 23 F.C.C.2d 430 (1970). See, e.g., Review of the Prime Time Access Rule, § 73.658 (k) of the Commission's Rules, 11 FCC Rcd 546 (1995). See, e.g., City of Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750 (1988) (invalidating, on First Amendment grounds, city ordinance that gave Mayor unlimited discretion in granting and denying permits to place newsracks on public property); Arkansas Writers' Project, Inc. v. Ragland, 481 U.S. 221 (1987) (invalidating, on First
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260936A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260936A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-260936A1.txt
  • of Parts 73 and 76 of the Commission's Rules Related to Program Exclusivity in the Cable and Broadcast Industries, 3 FCC Rcd 5299, 5316, 5319 ¶¶ 104, 118 (1988) (``1988 Program Exclusivity Order''), recon. denied in pertinent part, Memorandum Opinion and Order, 4 FCC Rcd 2711 (1989) (``1989 Program Exclusivity Order''). 47 C.F.R. §§ 76.93, 76.103, 76.122(b), 76.123(b)-(c), 76.124. Sections 73.658(b) and (m) of the Commission's rules, 47 C.F.R. §§ 73.658(b), (m), limit the geographic area of the exclusive territory that licensed commercial television stations can obtain from a network or non-network program supplier. The extent to which must carry stations rely on the network non-duplication and syndicated exclusivity rules may be limited because of rules permitting cable and satellite carriers
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-300057A1.pdf
  • FM, and Television Broadcast Stations, 50 F.C.C.2d 1046 (1975), amended on reconsideration, 53 F.C.C.2d 589 (1975).........................................7, 33, 34, 55, 63, 64, 65 Statutes and Regulations 18 U.S.C. §1001.............................................................................................56 28 U.S.C. § 2342(1).........................................................................................3 28 U.S.C. § 2344..............................................................................................4 47 C.F.R. §73.3555(a) (2009).................................................................23, 84 47 C.F.R. §73.3555(b) (2009)........................................................................22 47 C.F.R. §73.3555(c) (2009)........................................................................20 47 C.F.R. §73.3580........................................................................................57 47 C.F.R. §73.3580(c)....................................................................................56 47 C.F.R. §73.3580(d)...................................................................................56 47 C.F.R. §73.658(g) (2009)..........................................................................25 47 U.S.C. § 402(a)...........................................................................................3 47 U.S.C. § 402(b)...........................................................................................4 47 U.S.C. §310(b)..........................................................................................62 47 U.S.C. §312(a)..........................................................................................56 47 U.S.C. §405(a).............................................................................56, 61, 66 47 U.S.C. §503...............................................................................................56 5 U.S.C. § 706(2)(A).....................................................................................32 5 U.S.C. §553(b)............................................................................................62 5 U.S.C. §553(b)(3).......................................................................................36 Case: 08-3078 Document: 003110223746 Page: 9 Date Filed: 07/21/2010 Page ix Telecommunications Act of 1996 §202(h), 110 Stat. 111- 12..............................................................................................8, 10, 13 Telecommunications Act of 1996 §601(b)....................................................28
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  • rule provides that "[a] television broadcast station may a liate with a person or entity that maintains two or more networks of television broadcast stations unless such dual or multiple networks are composed of two or more persons or entities that, on February 8, 1996, were `networks' as defined in [section] 73.3613(a)(1) of the Commission's regulations.... " 47 C.F.R. § 73.658(g) (emphasis in original). 20 Appropriations Act, 118 Stat. at 100, amending Section 202(h) of the Telecommunications Act of 1996. 21 Regulations Governing Attribution of Broadcast and Cable/MDS Interests, 14 FCC Rcd 12559, 12560 (1999) (1999 Broadcast Attribution Order), recon. granted in part, Review of the Commission's Regulations Govern- ing Attribution of Broadcast and Cable/MDS Interests, 16 FCC Rcd 1097 (2001),
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  • executive officer of Viacom. Mel Karmazin, the current president and chief executive officer of CBS, will become president and chief operating officer of Viacom. III. The Dual Network Rule CBS is the owner of the CBS television network, one of the nation's four largest broadcast networks. Viacom owns UPN, the United Paramount Network, a relatively new national broadcast network. Section 73.658(g)(1) of our rules prohibits any entity from owning two or more television ``networks.'' That rule defines a network as an entity ``...which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more states....'' CBS, with its nationwide coverage, provides programming well in excess
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  • corrections. No comments were received regarding these provisions. In the absence of any objection, we make these modifications, as proposed, including an editorial change to the top 100 market list contained in the rules, and a correction to section 76.5 to reflect that the reference to 76.5 (o) in 76.5(ii) should be 76.5 (m). In addition, we note that Section 73.658(m) contains a reference to the Arbitron list of smaller markets. As discussed in the Commission's recent Market Modification Order, Arbitron is no longer tracking television viewership. The Nielsen Research Company produces a similar list of markets, which is current. We will, therefore, revise this section of the rules to accomplish this updated cross-reference. We are also taking this opportunity to
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  • 1996 Act, the Commission eliminated the 12-station cap and raised the 25% aggregate national audience reach limit to 35%. See Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996) (the 1996 Act); In the Matter of Implementation of Sections 202(c)(1) and 202(e) of the Telecommunications Act of 1996, National Broadcast Television Ownership and Dual Network Operations, 47 C.F.R. §§ 73.658(G) and 73.3555, 11 FCC Rcd 12374 (1996) (1996 National TV Ownership Order). As the 1996 Act did not address the issue of the measurement of audience reach for the purposes of the new limits, the Commission initiated this proceeding. See Notice of Proposed Rule Making in MM Docket Nos. 87-8, 91-221, and 96-222, 11 FCC Rcd 19949, 19954-56 (1996) (Notice).
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  • of the Telecommunications Act of 1996, MM Docket No. 98-35, Biennial Regulatory Review Report, FCC 00-191, June 20, 2000 (1998 Biennial Regulatory Review Report). For a summary of what the 1998 Biennial Regulatory Review Report concluded with respect to each of these rules, see Staff Report, Section V, and Appendix IV, Part 73. In the Matter of Amendment of Section 73.658(g) of the Commission's Rules - The Dual Network Rule, MM Docket No. 00-108, Notice of Proposed Rule Making, FCC 00-213, June 20, 2000. In the Matter of Elimination of Experimental Broadcast Ownership Restrictions, MM Docket No. 00-105, Notice of Proposed Rule Making, FCC 00-203, June 20, 2000. Section 74.134 of the Commission's rules, 47 C.F.R. § 74.134, prohibits any person
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  • Regulatory Review Report therefore retains the 50 percent UHF discount. Because the signal disparity should be diminished by digital television, however, the Report stated that when the transition to digital television is near completion, the Commission will issue a notice of proposed rulemaking proposing a phased-in elimination of the discount. Dual Network Rule As mandated by the 1996 Act, section 73.658(g) of the Commission's rules permits a broadcast station to affiliate with a network organization that maintains more than one broadcast network, unless the dual or multiple networks are created by a merger between ABC, CBS, Fox, or NBC, or a merger between one of these four established networks and UPN or WB. The Commission reviewed this rule in its 1998
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  • at least one over-the-air video program signal at no direct charge to viewers of the digital Class A station § 73.642 Subscription TV service. § 73.643 Subscription TV operating requirements. § 73.644 Subscription TV transmission systems. § 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. § 73.653 Operation of TV aural and visual transmitters. § 73.658 Affiliation agreements and network program practice; territorial exclusivity in non-network program arrangements. § 73.664 Determining operating power. § 73.665 Use of TV aural baseband subcarriers. § 73.667 TV subsidiary communications services. § 73.669 TV stereophonic aural and multiplex subcarrier operation. § 73.670 Commercial limits in children's programs. § 73.671 Educational and informational programming for children. § 73.673 Public information initiatives
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.658(g) of The Commission's Rules - The Dual Network Rule. ) ) ) ) ) ) ) ) ) MM Docket No. 00-108 Adopted: April 19, 2001 Released: May 15, 2001 By the Commission: Chairman Powell and Commissioner Ness issuing separate statements; Commissioner Tristani dissenting and issuing a separate statement. INTRODUCTION In this Report and Order we amend Section 73.658(g) of
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  • its facilities); 47 U.S.C. § 315(a) (requiring a licensee to provide equal opportunities to all legally qualified candidates for a political office to use its facilities). 47 U.S.C. §§ 531, 532. See, e.g., Biennial Review Report, 15 FCC Rcd at 11061, ¶ 5; Local TV Ownership Report & Order, 14 FCC Rcd at 12911-12917, ¶¶ 17-27. See Amendment of Section 73.658(g) of the Commission's Rules - the Dual Network Rule, MM Docket No. 00-108, Report & Order, 16 FCC Rcd 11114, 11122, n.44 (rel. May 15, 2001) (Dual Network Report & Order). More precisely, advertisers have an incentive to reach customers who are likely to buy their products. They thus have an incentive to reach the widest audience possible for their
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  • Standard, Aug. 14, 2001. Arbitron, Inc., Arbitron/Edison Media Research Study Reveals Most ``Streamies'' First Accessed Webcasting within the Last Year (press release), Sept. 5, 2001 (citing Nielsen// Net Ratings data). The Commission recently suggested that, given the nascent stage of the Internet video industry, it is premature to consider Internet video to be a full competitive alternative. Amendment of Section 73.658(g) of The Commission's Rules - The Dual Network Rule, MM Docket No. 00-108, Report and Order, 16 FCC Rcd 11114, 11120 (2001). In addition, industry sources believe that Internet video still is substandard to broadcast quality and that hurdles remain to watching video on a computer screen. Robert La Franco, The Serious Game: Digital Video is Still Off-track, Red Herring
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  • seven commercial radio stations. For this rule, a ``voice'' includes independently owned and operating same-market, commercial and noncommercial broadcast TV, radio stations, independently owned daily newspapers of a certain circulation, and cable systems providing generally available service to television households in a DMA, provided that all cable systems within the DMA are counted as a single voice. 47 C.F.R. § 73.658(g). The dual network rule permits a television broadcast station to affiliate with a network that maintains more than one broadcast network, unless the dual or multiple networks are created by a combination between ABC, CBS, Fox, or NBC. Fox Television Stations, Inc. v. FCC, 280 F.3d 1027 (``Fox Television''), rehearing granted, 293 F.3d 537 (D.C. Cir. 2002) (``Fox Television Re-Hearing''),
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  • Broadcast and Cable Equal Employment Opportunity Rules and Policies, 16 FCC Rcd 22843 (2001) (``EEO NPRM''). CHC Letter at 2. The Commission has previously ruled on transfer applications involving DBS licenses but none of those decisions addressed the impact of the proposed transfer on program diversity. See, e.g. USSB- DirecTV Order, Tempo-DirecTV Order , n. 39-40, supra. Amendment of Section 73.658(g) of the Commission's Rules - The Dual Network Rule, 16 FCC Rcd 11114, 11131 (2001). Id. Applicants' Reply Comments at 124. Word Petition at 3. 240 F.3d 1126, 1132 (2001) (``the government must ensure that a programmer has at least two conduits through which it can reach the number of viewers needed for viability.'') 47 U.S.C. § 533(f)(2)(A) (directing the
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  • TV stations and six commercial radio stations, it may own one commercial TV station and seven commercial radio stations. For this rule, a ``voice'' includes independently owned and operating same-market, commercial and noncommercial broadcast TV stations, radio stations, independently owned daily newspapers, and cable systems (all cable systems within the DMA are counted as a single voice)). 47 C.F.R. § 73.658(g) (permitting a television broadcast station to affiliate with a network that maintains more than one broadcast network, unless the dual or multiple networks are created by a combination between ABC, CBS, Fox, or NBC). Fox Television Stations, Inc. v. FCC, 280 F.3d 1027, 1044 (D.C. Cir. 2002) (``Fox Television''), rehearing granted, 293 F.3d 537 (D.C. Cir. 2002) (``Fox Television Re-Hearing'')
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  • FCC Rcd at 25085, Notice of Proposed Rulemaking in MM Docket 00-244, 15 FCC Rcd at 25085, and the Notice of Proposed Rulemaking in MM Docket 01-235, 16 FCC Rcd at 17307. Cited collectively as the NPRMs. See 5 U.S.C. § 604. See 47 C.F.R. § 73.3555(c). See 47 C.F.R. § 73.3555(b). See 47 C.F.R.§ 73.3555(c). See 47 C.F.R. § 73.658(g). See 47 C.F.R. § 73.3555(a). See 47 C.F.R. § 73.355(d). SBA's comments were endorsed in an e-mail from Chris Powell, managing editor of the Journal Inquirer in Manchester, Connecticut, and by Susan Hager of the Alliance for Small Business Regulatory Fairness. The Center for the Creative Community (CCC) also filed comments in response to the IRFA in the Notice, echoing
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  • See Representation of Stations by Representatives Owned by Competing Stations in the Same Area, 87 F.C.C.2d 668 (1981). The Commission has also granted Univision a permanent waiver of the Network Representation Rule, which prohibits stations, other than those owned and operated by their network, from being represented by their network in the non-network (spot) advertising sales market. Amendment of § 73.658(i) of the Commission's Rules, 5 FCC Rcd 7280, 7282 (1990). To the extent NHPI is alleging that Univision has de facto control over Entravision, we conclude that NHPI has failed to raise a substantial and material question of fact that Univision controls Entravision's programming, personnel or finances. Elgin Petition at 1-2. Id. at 2. Id. Id. See 47 U.S.C. §
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  • Andrew Schwartzman, Media Access Project, to FCC Chairman Michael Powell (July 25, 2003); Telemundo Aug. 21 Letter, Atts. 3, 4. 70 Telemundo Aug. 21 Letter, Att. 6. 71 Univision Nov. 2002 Earnings Conference Call. 72 DOJ Complaint at ¶ 27. 73 SBS July 14 Letter at 2. 74 Id. at 7, Sokol Decl. at ¶¶ 11-12. 75 47 C.F.R. § 73.658(i). 76 Network Representation of TV Stations in National Spot Sales; Request of Spanish National Network, FCC 78-682, 43 F.R. 45895 (1978). 77 Id. at 45898 (emphasis added). 78 Amendment of § 73.658(i) of the Commission's Rules Concerning Network Representation of TV Stations in National Spot Sales, FCC 90-364, 5 FCC Rcd 7280 (1990). 79 Id. at ¶ 11. 80 ``Our
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  • ¶ 32. Id. 47 U.S.C. § 151. 47 C.F.R. § 11.1. Part 11 of the Commission's rules ``describe the required technical standards and operational procedures of the EAS for AM, FM, and TV broadcast stations, cable systems, and other participating entities.'' Id. Id. at § 79.2. DTV Public Interest NOI, 14 FCC Rcd at 21642, Para 18. 47 C.F.R. § 73.658(e). Id. § 73.658(d). Motion for Declaratory Ruling (filed June 22, 2001). NASA alleged that the networks: (1) assert excessive control over affiliates' programming decisions; (2) assert excessive control over affiliates' digital spectrum; and (3) use their affiliation to interfere with or manipulate station sales in a manner inconsistent with section 310(d) of the Act. Id. at 11. In response, the
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  • in effect on April 15, 1976). Section 340(a)(1) as enacted by Section 202 of the SHVERA. See 47 C.F.R. §§ 76.92 and 76.93. The Commission's rules provide stations such protection within a 35-mile geographic zone (or 55 miles in smaller markets), which extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658(m), 76.53, and 76.92 Note. See 47 C.F.R. §§ 76.101 and 76.103. The Commission's rules provide such protection within a station's 35-mile geographic zone, which extends from the reference point of the community of license of the television station. See 47 C.F.R. §§ 73.658(m), 76.53, and 76.101 Note. See 47 C.F.R. §§ 76.92(f) and 76.106(a). See KCST, 103 FCC 2d 407.
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  • et al. (rel. Feb. 7, 2003). Univision and Paxson filed Oppositions on March 28, 2003 and April 2, 2003, respectively. The Bureau similarly granted, with the same condition, the unopposed applications to assign the licenses of WMPX(TV), Waterville, Maine, and WPXO(TV), Christiansted, Virgin Islands, from Paxson subsidiaries to CMCG Portland License, LLC. File Nos. BALCT-20021126ABH and BALCT-20021126ABL. 47 C.F.R. §§ 73.658(e), 73.658(d), and 73.624. The Petitioner also alleged that the Station Agreement violated Section 73.1150(a) of the Commission's rules, which prohibits an assignor from retaining a reversionary interest in a license. 47 C.F.R. § 73.1150(a). The staff resolved this issue in the Grant Letter, finding that the Petitioner had failed to raise a substantial and material question of fact regarding whether
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  • programming over their stations, but this is not a new requirement. See NAL, 19 FCC Rcd at 19241, ¶ 25. See also Complaints Against Various Licensees Regarding Their Broadcast of the Fox Network Program ``Married by America'' on April 7, 2003, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 20191 (2004) (``Married by America'') (response pending); 47 C.F.R. § 73.658(e)(1) (prohibiting television stations from entering into arrangements with networks that restrict their right to reject programming that the stations reasonably believe to be unsatisfactory or unsuitable or contrary to the public interest). Another such filing by Litigation Recovery Trust (``LRT'') is styled a ``Petition for Reconsideration'' but fails to meet the requirements of Section 1.106(b)(1) of our rules for petitions
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  • TV stations and six commercial radio stations, it may own one commercial TV station and seven commercial radio stations. For this rule, a ``voice'' includes independently owned and operating same-market, commercial and noncommercial broadcast TV stations, radio stations, independently owned daily newspapers, and cable systems (all cable systems within the DMA are counted as a single voice). 47 C.F.R. § 73.658(g) (permitting a television broadcast station to affiliate with a network that maintains more than one broadcast network, unless the dual or multiple networks are created by a combination between ABC, CBS, Fox, or NBC). 47 C.F.R. § 73.3555(a) (2005). The local radio ownership rule was the subject of a separate proceeding which was incorporated into the 2002 Biennial Review. Rules
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  • The Commission's broadcast ownership rules are contained in 47 C.F.R. § 73.3555. For the local television ownership rule, the radio/television cross-ownership rule, and the newspaper/broadcast cross-ownership rule that are currently in effect, see 47 C.F.R. § 73.3555(b)-(d) (2002); for the local radio ownership rule, see 47 C.F.R. § 73.3555(a) (2006). The dual network rule is contained in 47 C.F.R. § 73.658(g) (2006). See Telecommunications Act of 1996, Pub. L. No. 104-104, § 202(h), 110 Stat. 56, 111-112, and Consolidated Appropriations Act of 2004, Pub. L. No. 108-199, § 629, 118 Stat. 3 (2004) (codified at 47 U.S.C. § 303 note (2006)) (``2004 Consolidated Appropriations Act''). In 2004, Congress revised the then biennial review requirement to require such reviews quadrennially. Congress also
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  • risking undue financial hardship or implicit threats of unanticipated disaffiliation, so that they retain unfettered discretion to select what they air, including network-provided programming. For that reason, we reiterate here that the Commission will act promptly to enforce its network affiliation rules whenever complaints are filed. Those rules include, but are not limited to, the right-to-reject rule, 47 C.F.R. § 73.658(e), and that imposing restraints on time optioning, 47 C.F.R. § 73.658(d). As many commenters urge, we intend to resolve the proper scope and meaning of these rules in the content of the pending NASA Motion. Although NASA has revised its requests to the Commission over time to reflect the laudatory reformation of certain network affiliation agreements, the affiliates continue to
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  • the station reasonably believes to be unsatisfactory or unsuitable or contrary to the public interest'' or from ``[s]ubstituting a program which, in the station's opinion, is of greater local or national importance.'' We affirm that the following principles relating to the right-to-reject rule identified in the Joint Request are consistent with the Act and the Commission's rules: Pursuant to Section 73.658(e) of the Commission's Rules, networks and their affiliates are prohibited from ``having any contract . . . which, with respect to programs offered or already contracted for pursuant to an affiliation contract, prevents or hinders the station from: (1) Rejecting or refusing network programs which the station reasonably believes to be unsatisfactory or unsuitable or contrary to the public interest,
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  • the licensees of local television stations, must retain ultimate control over station programming, operations and other critical decisions with respect to their stations, and network affiliations must not undercut this basic control. Retention of this control by Commission licensees is required by Section 3 10(d) of the Communications Act and the FCC's Rules. 2. The Right-to-Reject Rule. Pursuant to Section 73.658(e) of the FCC's Rules, networks and their affiliates are prohibited from "having any contract . . . which, with respect to programs offered or already contracted for pursuant to an affiliation contract, prevents or hinders the station from: (1) Rejecting or refusing network programs which the station reasonably believes to be unsatisfactory or unsuitable or contrary to the public interest,
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  • programming decisions); WCHS-AM-TV Corp., 8 FCC 2d 608, 609 (1967) (maintenance of control over programming is a most fundamental obligation of the licensee). See Hill Response at 5-7. See Pappas Consolidated Response at 6-8. See Hill Response at 5-7; Pappas Consolidated Response at 6-8. Hill Response at 6; Pappas Consolidated Response at 8. See supra paragraph 22. 47 C.F.R. § 73.658(e). See supra paragraph 20. See JW Response at 1. See Mission Response at n. 3. See Smith Response at 1. See 438 U.S. 726 (1978). See FOX/Affiliates Consolidated Response at 7. See id. at 7-8. Action for Children's Television v. FCC, 58 F.3d 654, 660 (D.C. Cir. 1995) (en banc) (``ACT III''). See also Prometheus Radio Project v. FCC, 373
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  • that ``[a] television broadcast station may affiliate with a person or entity that maintains two or more networks of television broadcast stations unless such dual or multiple networks are composed of two or more persons or entities that, on February 8, 1996, were `networks' as defined in [Section] 73.3613(a)(1) of the Commission's regulations . . . .'' 47 C.F.R. § 73.658(g) (emphasis in original). 2002 Biennial Review Order, 18 FCC Rcd at 13858 ¶ 621. Id. at 13850 ¶ 601. A ``strategic group'' refers to a cluster of independent firms within an industry that pursue similar business strategies. For example, the top four networks supply their affiliated local stations with programming intended to attract mass audiences and advertisers that want to
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  • (``Appropriations Act'') (amending Sections 202(c) and 202(h) of the 1996 Act). The media ownership rules subject to this quadrennial review are the local television ownership rule, the local radio ownership rule, the newspaper/broadcast cross-ownership rule, the radio/television cross-ownership rule, and the dual network rule. These rules are found, respectively, at 47 C.F.R. §§73.3555(b), (a), (d), and (c) and 47 C.F.R. §73.658(g). Section 202(h) of the 1996 Act, 47 U.S.C. § 303 note. Section 202(h) of the 1996 Act further requires the Commission to ``repeal or modify any regulation it determines to be no longer in the public interest.'' Id. In Prometheus Radio Project v. FCC, 373 F.3d 372 (3d Cir. 2004) (``Prometheus I''), the Third Circuit concluded that ``necessary in the
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  • respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined in § 73.658(m), except that small market television stations shall be entitled to a secondary protection zone of 32.2 additional kilometers (20 additional miles). To the extent rights are obtained for any hyphenated market named in § 76.51, such rights shall not exceed those permitted under § 76.658(m) for each named community in that market. § 76.93 Parties entitled to network non-duplication protection.
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  • references a non-existent rule. In paragraph 37 of the Notice, we seek comment on whether we should reinstate a standard based upon the original criteria incorporated into Section 76.5(gg) or adopt a new standard. § 76.92 Network non-duplication; extent of protection. The existing Note to Section 76.92 references Section 76.658(m) in the last sentence. The correct reference is to Section 73.658(m), as correctly stated in the second sentence of the Note. Cable Television Service; List of Major Television Markets, Final Rule, MM Dkt. No. 93-304 (released August 31, 1995) (the ``Los Angeles Redesignation Order''). Implementation of Sections of the Cable Television Consumer Protection Act of 1992, MM Dkt. No. 92-266, 8 FCC Rcd. 5631, 6030 (1993). Federal Communications Commission FCC 00-4
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  • miles of each of the three named cities in this market. With respect to network nonduplication, a television station licensed to a smaller hyphenated television market would be entitled to a 55 mile zone of network nonduplication protection around each named city in that smaller television market. See the note to 47 C.F.R. § 76.92, which refers to 47 C.F.R. §73.658(m), to determine the extent of exclusivity protection television stations licensed to hyphenated television markets may assert. Section 73.658(m) sets out the extent of exclusivity protection a station may demand in a hyphenated market. For a list of the top 100 television markets in the United States and the hyphenated markets contained therein, see 47 C.F.R. § 76.51. See 47 C.F.R.
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  • of the Telecommunications Act of 1996, MM Docket No. 98-35, Biennial Regulatory Review Report, FCC 00-191, June 20, 2000 (1998 Biennial Regulatory Review Report). For a summary of what the 1998 Biennial Regulatory Review Report concluded with respect to each of these rules, see Staff Report, Section V, and Appendix IV, Part 73. In the Matter of Amendment of Section 73.658(g) of the Commission's Rules - The Dual Network Rule, MM Docket No. 00-108, Notice of Proposed Rule Making, FCC 00-213, June 20, 2000. In the Matter of Elimination of Experimental Broadcast Ownership Restrictions, MM Docket No. 00-105, Notice of Proposed Rule Making, FCC 00-203, June 20, 2000. Section 74.134 of the Commission's rules, 47 C.F.R. § 74.134, prohibits any person
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  • 1997). In this report, the number of minority-owned commercial radio stations declined from 312 in 1995 to 284 in 1996/97. There are no statistics available concerning female ownership of broadcast facilities. 25 For a brief historic overview, see generally Notice of Proposed Rule Making in MM Docket Nos. 94-149 and 91-140, 10 FCC Rcd 2788 (1995). 26 47 C.F.R. § 73.658(g). 27 A "network" is defined with reference to 47 C.F.R. § 73.3613(a)(1) for this purpose. 28 The Conference Report stated that the Commission was being directed to revise its dual network rule "to permit a television station to affiliate with a person or entity that maintains two or more networks unless such dual or multiple networks are composed of (1)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( ø Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.658(g) of The Commission's Rules - The Dual Network Rule. ) ) ) ) ) MM Docket No. 00-108 Adopted: June 8, 2000 Released: June 20, 2000 By the Commission: Comissioners Furchtgott-Roth and Powell concurring and issuing separate statements; Commissioner Tristani dissenting and issuing a statement. Comment date: September 1, 2000 Reply Comment date: October 2, 2000 Introduction This Notice of
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  • the "equity or debt plus" standard to the four major Federal Communications Commission FCC 99-207 90 Comments in response to Attribution Further Notice of Paxson at iv, 39. Paxson suggested a 25 percent "equity or debt plus" attribution benchmark for the networks and their controlling entities. 91 Comments in response to Attribution Further Notice of King at 5. Under Section 73.658(g)(1), 47 C.F.R. § 73.658(g)(1), "the term network means any person, entity, or corporation which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more states; and/or any person, entity, or corporation controlling, controlled by or under common control with such person, entity, or
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  • to Class A television stations: § 73.603 Numerical designation of television channels. § 73.635 Use of common antenna site. § 73.642 Subscription TV service. § 73.643 Subscription TV operating requirements. § 73.644 Subscription TV transmission systems. § 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. § 73.653 Operation of TV aural and visual transmitters. § 73.658 Affiliation agreements and network program practice; territorial exclusivity in non-network program arrangements. § 73.664 Determining operating power. § 73.665 Use of TV aural baseband subcarriers. § 73.667 TV subsidiary communications services. § 73.669 TV stereophonic aural and multiplex subcarrier operation. § 73.670 Commercial limits in children's programs. § 73.671 Educational and informational programming for children. § 73.673 Public information initiatives
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  • their market, the number of stations in their market, and the number of stations that can be owned by an individual party in that market. To consider appropriate changes to our rules, we will issue a Notice of Proposed Rule Making soliciting comment on proposed modifications of our rules in this area. C. Dual Network Rule 1. Regulatory History Section 73.658(g) sets forth the Commission's current dual network rule. It directly reflects the provisions of Section 202(e) of the Telecom Act, which permits a television broadcast station to affiliate with a person or entity that maintains two or more networks of television broadcast stations unless such networks are composed of: 1) two or more persons or entities that were "networks" on
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  • 1996 Act, the Commission eliminated the 12-station cap and raised the 25% aggregate national audience reach limit to 35%. See Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996) (the 1996 Act); In the Matter of Implementation of Sections 202(c)(1) and 202(e) of the Telecommunications Act of 1996, National Broadcast Television Ownership and Dual Network Operations, 47 C.F.R. §§ 73.658(G) and 73.3555, 11 FCC Rcd 12374 (1996) (1996 National TV Ownership Order). As the 1996 Act did not address the issue of the measurement of audience reach for the purposes of the new limits, the Commission initiated this proceeding. See Notice of Proposed Rule Making in MM Docket Nos. 87-8, 91-221, and 96-222, 11 FCC Rcd 19949, 19954-56 (1996) (Notice).
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  • at least one over-the-air video program signal at no direct charge to viewers of the digital Class A station § 73.642 Subscription TV service. § 73.643 Subscription TV operating requirements. § 73.644 Subscription TV transmission systems. § 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. § 73.653 Operation of TV aural and visual transmitters. § 73.658 Affiliation agreements and network program practice; territorial exclusivity in non-network program arrangements. § 73.664 Determining operating power. § 73.665 Use of TV aural baseband subcarriers. § 73.667 TV subsidiary communications services. § 73.669 TV stereophonic aural and multiplex subcarrier operation. § 73.670 Commercial limits in children's programs. § 73.671 Educational and informational programming for children. § 73.673 Public information initiatives
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.658(g) of The Commission's Rules - The Dual Network Rule. ) ) ) ) ) ) ) ) ) MM Docket No. 00-108 Adopted: April 19, 2001 Released: May 15, 2001 By the Commission: Chairman Powell and Commissioner Ness issuing separate statements; Commissioner Tristani dissenting and issuing a separate statement. INTRODUCTION In this Report and Order we amend Section 73.658(g) of
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  • its facilities); 47 U.S.C. § 315(a) (requiring a licensee to provide equal opportunities to all legally qualified candidates for a political office to use its facilities). 47 U.S.C. §§ 531, 532. See, e.g., Biennial Review Report, 15 FCC Rcd at 11061, ¶ 5; Local TV Ownership Report & Order, 14 FCC Rcd at 12911-12917, ¶¶ 17-27. See Amendment of Section 73.658(g) of the Commission's Rules - the Dual Network Rule, MM Docket No. 00-108, Report & Order, 16 FCC Rcd 11114, 11122, n.44 (rel. May 15, 2001) (Dual Network Report & Order). More precisely, advertisers have an incentive to reach customers who are likely to buy their products. They thus have an incentive to reach the widest audience possible for their
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  • Reply Comment Date: August 22, 2001 On March 8, 2001, Network Affiliated Stations Alliance (NASA) filed a Petition for Inquiry into Network Practices (Petition). NASA's Petition asked the FCC to institute an inquiry as to whether certain alleged practices of the top four television networks with respect to their affiliates are consistent with the Commission's network rules, 47 C.F.R. § 73.658; the Communications Act; and the public interest. In addition, NASA asked that the Commission examine, in the inquiry, what additional steps it should take to ``limit or prevent other improper network conduct not deemed to violate existing rules.'' In a letter, dated May 2, 2001, submitted to the Commission, counsel for NASA urged that the Commission treat its Petition as
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  • Regulatory Review Report therefore retains the 50 percent UHF discount. Because the signal disparity should be diminished by digital television, however, the Report states that when the transition to digital television is near completion, the Commission will issue a notice of proposed rulemaking proposing a phased-in elimination of the discount. Dual Network Rule As mandated by the 1996 Act, section 73.658(g) of the Commission's rules permits a broadcast station to affiliate with a network organization that maintains more than one broadcast network, unless the dual or multiple networks are created by a merger between ABC, CBS, Fox, or NBC, or a merger between one of these four established networks and UPN or WB. The Commission reviewed this rule in its 1998
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  • ownership - 73.3555) to any of the top 50 markets. (58) TV Ownership/Relax One-to-a-Market MM Docket 91-221 MM Docket 97-8 FNPRM FCC 96-438 FNPRM Order To Be Determined Adopted - 11/5/96 Released - 11/7/96 Published Fed. Reg. - 12/19/96 Comment Period Ended - 2/7/97 Reply Period Ended - 3/21/97 19. Broadcast Ownership MMB Dual Network: FCC shall revise 47 C.F.R. 73.658(g) to permit a TV broadcast station to affiliate with a person or entity that maintains 2 or more networks of TV broadcast stations unless such dual or multiple networks are composed of: (1) 2 or more persons or entities that, on date of enactment are "networks" as defined in section 47 C.F.R. 73.3613(a)(1); or (2) any network described in paragraph
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  • a cognizable interest in, within the same television market. (d) RELAXATION OF ONE-TO-A-MARKET- With respect to its enforcement of its one-to-a-market ownership rules under section 73.3555 of its regulations, the Commission shall extend its waiver policy to any of the top 50 markets, consistent with the public interest, convenience, and necessity. (e) DUAL NETWORK CHANGES- The Commission shall revise section 73.658(g) of its regulations (47 C.F.R. 658(g)) to permit a television broadcast station to affiliate with a person or entity that maintains 2 or more networks of television broadcast stations unless such dual or multiple networks are composed of-- (1) two or more persons or entities that, on the date of enactment of the Telecommunications Act of 1996, are networks' as
• http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt142.doc http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt142.html http://transition.fcc.gov/Speeches/Tristani/Statements/2001/stgt142.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 3 DISSENTING STATEMENT COMMISSIONER GLORIA TRISTANI In The Matter of Amendment of Section 73.658(g)--The Commission's Dual Network Rule for Emerging Networks, MM Docket No. 00-108 1 In this Report and Order the Commission amends 47 C.F.R. §73.658(g) (dual network rule) to permit one of the four major television networks - ABC, CBS, Fox and NBC - to own, operate, maintain or control the UPN and/or the WB television network.2 Because I believe elimination of
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  • or affiliated with a national television network ``to devote, during the four hours of prime time (7-11 p.m. e.t. and p.t., 6-10 p.m. c.t. and m.t.), no more than three hours to the presentation of programs from a national network, programs formerly on a national network (off-network programs) other than feature films, or, on Saturdays, feature films.'' 47 C.F.R. § 73.658 (1994) (repealed). See Nielsen Media Research, 2000 Report on Television, The First Fifty Years at 14 (2000) (defining prime time as. 8 to 11:00 p.m., Monday through Saturday, and 7 to 11:00 p.m. Sunday). TBS Petition at 7. Video Description Report and Order, 15 FCC Rcd at 15246, ¶ 38. Video Description Report and Order, 15 FCC Rcd at 15246,
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  • programming over their stations, but this is not a new requirement. See NAL, 19 FCC Rcd at 19241, P 25. See also Complaints Against Various Licensees Regarding Their Broadcast of the Fox Network Program "Married by America" on April 7, 2003, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 20191 (2004) ("Married by America") (response pending); 47 C.F.R. S 73.658(e)(1) (prohibiting television stations from entering into arrangements with networks that restrict their right to reject programming that the stations reasonably believe to be unsatisfactory or unsuitable or contrary to the public interest). Another such filing by Litigation Recovery Trust ("LRT") is styled a "Petition for Reconsideration" but fails to meet the requirements of Section 1.106(b)(1) of our rules for petitions
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  • programming decisions); WCHS-AM-TV Corp., 8 FCC 2d 608, 609 (1967) (maintenance of control over programming is a most fundamental obligation of the licensee). See Hill Response at 5-7. See Pappas Consolidated Response at 6-8. See Hill Response at 5-7; Pappas Consolidated Response at 6-8. Hill Response at 6; Pappas Consolidated Response at 8. See supra paragraph 22. 47 C.F.R. S: 73.658(e). See supra paragraph 20. See JW Response at 1. See Mission Response at n. 3. See Smith Response at 1. See 438 U.S. 726 (1978). See FOX/Affiliates Consolidated Response at 7. See id. at 7-8. Action for Children's Television v. FCC, 58 F.3d 654, 660 (D.C. Cir. 1995) (en banc) ("ACT III"). See also Prometheus Radio Project v. FCC, 373
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  • [321]PDF 73.635 Use of common antenna site. [322]TEXT [323]PDF 73.641 Subscription TV definitions. [324]TEXT [325]PDF 73.642 Subscription TV service. [326]TEXT [327]PDF 73.643 Subscription TV operating requirements. [328]TEXT [329]PDF 73.644 Subscription TV transmission systems. [330]TEXT [331]PDF 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. [332]TEXT [333]PDF 73.653 Operation of TV aural and visual transmitters. [334]TEXT [335]PDF 73.658 Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements. [336]TEXT [337]PDF 73.664 Determining operating power. [338]TEXT [339]PDF 73.665 Use of TV aural baseband subcarriers. [340]TEXT [341]PDF 73.667 TV subsidiary communications services. [342]TEXT [343]PDF 73.669 TV stereophonic aural and multiplex subcarrier operation. [344]TEXT [345]PDF 73.670 Commercial limits in children's programs. [346]TEXT [347]PDF 73.671 Educational and informational programming for
• http://transition.fcc.gov/ownership/materials/already-released/scarcity030005.pdf
  • F.C.C.2d 371, 420 (1976) ¶ 147, reversed on other grounds, Central Florida Enterprises, Inc. v. FCC, 598 F.2d 37 (D.C. Cir. 1978), cert. dismissed, 441 U.S. 957 (1979). 43 See, e.g., Petition for Rulemaking to Require Broadcast Licensees to Show Nondiscrimination in Their Employment Practices, 23 F.C.C.2d 430 (1970). 44 See, e.g., Review of the Prime Time Access Rule, § 73.658 (k) of the Commission's Rules, 11 FCC Rcd 546 (1995). 45 See, e.g., City of Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750 (1988) (invalidating, on First Amendment grounds, city ordinance that gave Mayor unlimited discretion in granting and denying permits to place newsracks on public property); Arkansas Writers' Project, Inc. v. Ragland, 481 U.S. 221 (1987) (invalidating, on
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  • from multiple sources in the spot market. 38 John M. Higgins and Allison Romano, "Cheaper by the thousand." Broadcasting and Cable Feb. 4, 2002, at 20-28. 39 See Report and Order in MM Docket No. 95-39 (Review of the Syndication and Financial Interest Rules), 10FCC Rcd 12165 (1995) and Report and Order in MM Docket No. 00-108 (Amendment of Section 73.658(g) of t he Commission's Rules ­ The Dual Network Rule), 16 FCC Rcd 11114 (2001). 28 Viacom to purchase CBS. Even if one were to concede that the motivation to launch UPN and WB was primarily defensive, it is still true that well over 200 television stations found it advantageous to affiliate with these networks, suggesting that networking remains a
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/da000012.doc
  • amendment of the applicable rules as it raises the same issue raised by the Joint Petitioners with regard to the community of Merced. II. BACKGROUND 3. Section 76.51 of the Commission's Rules enumerates the top 100 television markets and the designated communities within those markets. Among other things, this market list is used to determine territorial exclusivity rights under Section 73.658(m) and helps define the scope of compulsory copyright license liability for cable operators. Certain cable television syndicated exclusivity and network non-duplication rights are also determined by the presence of broadcast station communities of license on this list. Some markets consist of more than one named community (a "hyphenated market"). Such "hyphenation" of a market is based on the premise that
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  • respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined in § 73.658(m), except that small market television stations shall be entitled to a secondary protection zone of 32.2 additional kilometers (20 additional miles). To the extent rights are obtained for any hyphenated market named in § 76.51, such rights shall not exceed those permitted under § 76.658(m) for each named community in that market. § 76.93 Parties entitled to network non-duplication protection.
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  • references a non-existent rule. In paragraph 37 of the Notice, we seek comment on whether we should reinstate a standard based upon the original criteria incorporated into Section 76.5(gg) or adopt a new standard. § 76.92 Network non-duplication; extent of protection. The existing Note to Section 76.92 references Section 76.658(m) in the last sentence. The correct reference is to Section 73.658(m), as correctly stated in the second sentence of the Note. Cable Television Service; List of Major Television Markets, Final Rule, MM Dkt. No. 93-304 (released August 31, 1995) (the ``Los Angeles Redesignation Order''). Implementation of Sections of the Cable Television Consumer Protection Act of 1992, MM Dkt. No. 92-266, 8 FCC Rcd. 5631, 6030 (1993). Federal Communications Commission FCC 00-4
• http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.doc http://www.fcc.gov/Bureaus/Cable/Notices/2000/fcc00004.txt
  • miles of each of the three named cities in this market. With respect to network nonduplication, a television station licensed to a smaller hyphenated television market would be entitled to a 55 mile zone of network nonduplication protection around each named city in that smaller television market. See the note to 47 C.F.R. § 76.92, which refers to 47 C.F.R. §73.658(m), to determine the extent of exclusivity protection television stations licensed to hyphenated television markets may assert. Section 73.658(m) sets out the extent of exclusivity protection a station may demand in a hyphenated market. For a list of the top 100 television markets in the United States and the hyphenated markets contained therein, see 47 C.F.R. § 76.51. See 47 C.F.R.
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  • community or in a county, it must achieve in noncable homes a share of viewing hours of at least 3% (total week hours) and a net weekly circulation of at least 25%. 47 C.F.R. §76.5(i). See 47 C.F.R. §76.156. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. See 47 C.F.R. §76.156. 103 FCC 2d 407 (1986). See 47 C.F.R. §76.54(b). KSTP-TV was granted significantly viewed status in the communities of Byron and Eyota, Minnesota, pursuant to a February 9, 1982 letter from William H. Johnson, Chief, Cable Television Bureau. For the communities of Rochester and Stewartville, Minnesota, KSTP-TV was granted significantly viewed status pursuant to
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  • This action is taken pursuant to authority delegated under Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson Deputy Chief, Cable Services Bureau See 47 C.F.R. §76.92. 47 C.F.R. §§76.5(i) and 76.54. See 47 C.F.R. §76.156. The 35-mile geographic zone extends from the reference point of the community of license of the television station. See 47 C.F.R. §§73.658 and 76.53. See 47 C.F.R. §76.156. FOX network stations are treated as independent stations for significantly viewed purposes. For an independent station to be recognized as significantly viewed in a community or in a county, it must achieve in noncable homes a share of viewing hours of at least 2 percent (total week hours) and a net weekly circulation of
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  • of the Telecommunications Act of 1996, MM Docket No. 98-35, Biennial Regulatory Review Report, FCC 00-191, June 20, 2000 (1998 Biennial Regulatory Review Report). For a summary of what the 1998 Biennial Regulatory Review Report concluded with respect to each of these rules, see Staff Report, Section V, and Appendix IV, Part 73. In the Matter of Amendment of Section 73.658(g) of the Commission's Rules - The Dual Network Rule, MM Docket No. 00-108, Notice of Proposed Rule Making, FCC 00-213, June 20, 2000. In the Matter of Elimination of Experimental Broadcast Ownership Restrictions, MM Docket No. 00-105, Notice of Proposed Rule Making, FCC 00-203, June 20, 2000. Section 74.134 of the Commission's rules, 47 C.F.R. § 74.134, prohibits any person
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  • 1997). In this report, the number of minority-owned commercial radio stations declined from 312 in 1995 to 284 in 1996/97. There are no statistics available concerning female ownership of broadcast facilities. 25 For a brief historic overview, see generally Notice of Proposed Rule Making in MM Docket Nos. 94-149 and 91-140, 10 FCC Rcd 2788 (1995). 26 47 C.F.R. § 73.658(g). 27 A "network" is defined with reference to 47 C.F.R. § 73.3613(a)(1) for this purpose. 28 The Conference Report stated that the Commission was being directed to revise its dual network rule "to permit a television station to affiliate with a person or entity that maintains two or more networks unless such dual or multiple networks are composed of (1)
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit ( ø Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.658(g) of The Commission's Rules - The Dual Network Rule. ) ) ) ) ) MM Docket No. 00-108 Adopted: June 8, 2000 Released: June 20, 2000 By the Commission: Comissioners Furchtgott-Roth and Powell concurring and issuing separate statements; Commissioner Tristani dissenting and issuing a statement. Comment date: September 1, 2000 Reply Comment date: October 2, 2000 Introduction This Notice of
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  • the "equity or debt plus" standard to the four major Federal Communications Commission FCC 99-207 90 Comments in response to Attribution Further Notice of Paxson at iv, 39. Paxson suggested a 25 percent "equity or debt plus" attribution benchmark for the networks and their controlling entities. 91 Comments in response to Attribution Further Notice of King at 5. Under Section 73.658(g)(1), 47 C.F.R. § 73.658(g)(1), "the term network means any person, entity, or corporation which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more states; and/or any person, entity, or corporation controlling, controlled by or under common control with such person, entity, or
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • to Class A television stations: § 73.603 Numerical designation of television channels. § 73.635 Use of common antenna site. § 73.642 Subscription TV service. § 73.643 Subscription TV operating requirements. § 73.644 Subscription TV transmission systems. § 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. § 73.653 Operation of TV aural and visual transmitters. § 73.658 Affiliation agreements and network program practice; territorial exclusivity in non-network program arrangements. § 73.664 Determining operating power. § 73.665 Use of TV aural baseband subcarriers. § 73.667 TV subsidiary communications services. § 73.669 TV stereophonic aural and multiplex subcarrier operation. § 73.670 Commercial limits in children's programs. § 73.671 Educational and informational programming for children. § 73.673 Public information initiatives
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00155.doc
  • executive officer of Viacom. Mel Karmazin, the current president and chief executive officer of CBS, will become president and chief operating officer of Viacom. III. The Dual Network Rule CBS is the owner of the CBS television network, one of the nation's four largest broadcast networks. Viacom owns UPN, the United Paramount Network, a relatively new national broadcast network. Section 73.658(g)(1) of our rules prohibits any entity from owning two or more television ``networks.'' That rule defines a network as an entity ``...which offers an interconnected program service on a regular basis for 15 or more hours per week to at least 25 affiliated television licensees in 10 or more states....'' CBS, with its nationwide coverage, provides programming well in excess
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00191.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00191.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00191.txt
  • their market, the number of stations in their market, and the number of stations that can be owned by an individual party in that market. To consider appropriate changes to our rules, we will issue a Notice of Proposed Rule Making soliciting comment on proposed modifications of our rules in this area. C. Dual Network Rule 1. Regulatory History Section 73.658(g) sets forth the Commission's current dual network rule. It directly reflects the provisions of Section 202(e) of the Telecom Act, which permits a television broadcast station to affiliate with a person or entity that maintains two or more networks of television broadcast stations unless such networks are composed of: 1) two or more persons or entities that were "networks" on
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00406.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc00406.txt
  • 1996 Act, the Commission eliminated the 12-station cap and raised the 25% aggregate national audience reach limit to 35%. See Telecommunications Act of 1996, P.L. 104-104, 110 Stat. 56 (1996) (the 1996 Act); In the Matter of Implementation of Sections 202(c)(1) and 202(e) of the Telecommunications Act of 1996, National Broadcast Television Ownership and Dual Network Operations, 47 C.F.R. §§ 73.658(G) and 73.3555, 11 FCC Rcd 12374 (1996) (1996 National TV Ownership Order). As the 1996 Act did not address the issue of the measurement of audience reach for the purposes of the new limits, the Commission initiated this proceeding. See Notice of Proposed Rule Making in MM Docket Nos. 87-8, 91-221, and 96-222, 11 FCC Rcd 19949, 19954-56 (1996) (Notice).
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01123.txt
  • at least one over-the-air video program signal at no direct charge to viewers of the digital Class A station § 73.642 Subscription TV service. § 73.643 Subscription TV operating requirements. § 73.644 Subscription TV transmission systems. § 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. § 73.653 Operation of TV aural and visual transmitters. § 73.658 Affiliation agreements and network program practice; territorial exclusivity in non-network program arrangements. § 73.664 Determining operating power. § 73.665 Use of TV aural baseband subcarriers. § 73.667 TV subsidiary communications services. § 73.669 TV stereophonic aural and multiplex subcarrier operation. § 73.670 Commercial limits in children's programs. § 73.671 Educational and informational programming for children. § 73.673 Public information initiatives
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01133.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01133.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01133.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of Amendment of Section 73.658(g) of The Commission's Rules - The Dual Network Rule. ) ) ) ) ) ) ) ) ) MM Docket No. 00-108 Adopted: April 19, 2001 Released: May 15, 2001 By the Commission: Chairman Powell and Commissioner Ness issuing separate statements; Commissioner Tristani dissenting and issuing a separate statement. INTRODUCTION In this Report and Order we amend Section 73.658(g) of
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01262.txt
  • its facilities); 47 U.S.C. § 315(a) (requiring a licensee to provide equal opportunities to all legally qualified candidates for a political office to use its facilities). 47 U.S.C. §§ 531, 532. See, e.g., Biennial Review Report, 15 FCC Rcd at 11061, ¶ 5; Local TV Ownership Report & Order, 14 FCC Rcd at 12911-12917, ¶¶ 17-27. See Amendment of Section 73.658(g) of the Commission's Rules - the Dual Network Rule, MM Docket No. 00-108, Report & Order, 16 FCC Rcd 11114, 11122, n.44 (rel. May 15, 2001) (Dual Network Report & Order). More precisely, advertisers have an incentive to reach customers who are likely to buy their products. They thus have an incentive to reach the widest audience possible for their
• http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011264.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011264.html http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011264.txt
  • Reply Comment Date: August 22, 2001 On March 8, 2001, Network Affiliated Stations Alliance (NASA) filed a Petition for Inquiry into Network Practices (Petition). NASA's Petition asked the FCC to institute an inquiry as to whether certain alleged practices of the top four television networks with respect to their affiliates are consistent with the Commission's network rules, 47 C.F.R. § 73.658; the Communications Act; and the public interest. In addition, NASA asked that the Commission examine, in the inquiry, what additional steps it should take to ``limit or prevent other improper network conduct not deemed to violate existing rules.'' In a letter, dated May 2, 2001, submitted to the Commission, counsel for NASA urged that the Commission treat its Petition as
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl001006.doc
  • Areas, Including Tribal and Insular Areas (CC Docket No. 96-45). Comments on Petitions for Reconsideration - Western Wireless Corporation. In the Matter of Numbering Resource Optimization (CC Docket No. 99-200/DA 00-2011). Reply Comments - AT&T Corporation, SBC Communications, Inc., The United States Telecom Association, WorldCom, Inc., RCN Telecom Services, Inc., Telcordia Technologies, Inc. In the Matter of Amendment of Section 73.658(b) of the Commission's Rules - The Dual Network Rule (MM Docket No. 00-108). Reply Comments - Viacom, Inc., Network Affiliated Stations Alliance, The WB Television Network. -3- In the Matter of WorldCom Petition for Waiver of the Supplemental Order Clarification Regarding UNE Combinations (CC Docket No. 96-98). Comments - NET2000 Communications Services, Inc., The United States Telecom Association, BellSouth Corporation,
• http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl980925.html http://www.fcc.gov/Bureaus/Miscellaneous/Filings/fl980925.wp
  • Comments - PrimeTEC International, Inc.; Comments - Primetec International, Inc., In the Matter of Petition to amend FCC Rules Parts 2, 15, 73, 74 and 90 Reallocation of 30 channels for "microradio" Travelers Information Stations and Class D NCE-FM (secondary) stations. Petitioner - Richard Eyre-Eagles. In the Matter of Paxson Communications Corporation Petition for Waiver of 47 C.F. R. Section 73.658(I), the Network Representation Rule. Opposition to Petition for Waiver Filed By Paxson Communications Corporation - Sinclair Broadcast Group, Inc. In the matter of Access Charge Reform For Incumbent Local Exchange Carriers Subject to Rate-of-Return Regulation (CC Docket No. 98-77). Reply Comments - The United States Telephone Association, The SBC Companies, National Rural Telecommunications Association, National Telephone Cooperative Association, Rock Hill
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000626.doc http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000626.html
  • MM 00-105; FCC 00-203 Elimination of Experimental Broadcast Ownerships Restrictions. The Commission proposes to eliminate the multiple ownership rule for experimental broadcast stations, which now provides that no entity may control more than one experimental license absent a showing of need. Comments due Sept. 1; replies due Oct. 2. NPRM 6/20/00 (adopted 6/8/00); MM 00-108; FCC 00-213 Amendment of Section 73.658(G) of the Rules -- the Dual Network Rule. The Commission proposes to amend the "dual network" rule applicable to broadcast stations. Comments due Sept.1; replies due: Oct. 2. WIRELESS TELECOMMUNICATIONS BUREAU WT 00-48; NPRM &MO&O 3/24/00 (adopted 3/17); FCC 00-105 Amendment of Parts 13 and 80 of the Communications Rules concerning Maritime Communication proposed to consolidate, revise and streamline Rules
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000731.doc
  • (adopted 6/5/00); FCC 00-203 Elimination of Experimental Broadcast Ownerships Restrictions. The Commission proposes to eliminate the multiple ownership rule for experimental broadcast stations, which now provides that no entity may control more than one experimental license absent a showing of need. Comments due Sept. 1; replies due Oct. 2. MM 00-108; NPRM 6/20/00 (adopted 6/8/00); FCC 00-213 Amendment of Section 73.658(G) of the Rules -- the Dual Network Rule. The Commission proposes to amend the "dual network" rule applicable to broadcast stations. Comments due Sept.1; replies due Oct. 2. MM 00-116; NPRM 6/28/00 (adopted 6/23/00); DA 00-1411 Kansas City, Missouri. Proposed to substitute DTV Channel 7 for DTV 14 Channel Kansas City, Missouri. The Commission is seeking comment on a petition
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000814.doc
  • (adopted 6/5/00); FCC 00-203 Elimination of Experimental Broadcast Ownerships Restrictions. The Commission proposes to eliminate the multiple ownership rule for experimental broadcast stations, which now provides that no entity may control more than one experimental license absent a showing of need. Comments due September 1; replies due October 2. MM 00-108; NPRM 6/20/00 (adopted 6/8/00); FCC 00-213 Amendment of Section 73.658(G) of the Rules -- the Dual Network Rule. The Commission proposes to amend the "dual network" rule applicable to broadcast stations. Comments due September 1; replies due October 2. MM 00-116; NPRM 6/28/00 (adopted 6/23/00); DA 00-1411 Kansas City, Missouri. Proposed to substitute DTV Channel 7 for DTV 14 Channel Kansas City, Missouri. The Commission is seeking comment on a
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000828.doc
  • (adopted 6/5/00); FCC 00-203 Elimination of Experimental Broadcast Ownerships Restrictions. The Commission proposes to eliminate the multiple ownership rule for experimental broadcast stations, which now provides that no entity may control more than one experimental license absent a showing of need. Comments due September 1; replies due October 2. MM 00-108; NPRM 6/20/00 (adopted 6/8/00); FCC 00-213 Amendment of Section 73.658(G) of the Rules -- the Dual Network Rule. The Commission proposes to amend the "dual network" rule applicable to broadcast stations. Comments due September 1; replies due October 2. MM 97-217; Order 7/21/00 (adopted 7/6/00); FCC 00-244 Amendment of Parts 1, 21, and 74 to Enable Multipoint Distribution Service and Instructional Television Fixed Service Licensees to Engage in Fixed Two-Way
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000911.doc http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000911.html
  • (adopted 6/5/00); FCC 00-203 Elimination of Experimental Broadcast Ownerships Restrictions. The Commission proposes to eliminate the multiple ownership rule for experimental broadcast stations, which now provides that no entity may control more than one experimental license absent a showing of need. Comments due September 1*; replies due October 2. MM 00-108; NPRM 6/20/00 (adopted 6/8/00); FCC 00-213 Amendment of Section 73.658(G) of the Rules -- the Dual Network Rule. The Commission proposes to amend the "dual network" rule applicable to broadcast stations. Comments due September 1*; replies due October 2. WIRELESS TELECOMMUNICATIONS BUREAU WT 00-48; NPRM &MO&O 3/24/00 (adopted 3/17); FCC 00-105 Amendment of Parts 13 and 80 of the Communications Rules concerning Maritime Communication Proposed to Consolidate, Revise and Streamline
• http://www.fcc.gov/Bureaus/Miscellaneous/Open_Proceedings/op000925.doc
  • (adopted 6/5/00); FCC 00-203 Elimination of Experimental Broadcast Ownerships Restrictions. The Commission proposes to eliminate the multiple ownership rule for experimental broadcast stations, which now provides that no entity may control more than one experimental license absent a showing of need. Comments due September 1*; replies due October 2. MM 00-108; NPRM 6/20/00 (adopted 6/8/00); FCC 00-213 Amendment of Section 73.658(G) of the Rules -- the Dual Network Rule. The Commission proposes to amend the "dual network" rule applicable to broadcast stations. Comments due September 1*; replies due October 2. WIRELESS TELECOMMUNICATIONS BUREAU WT 96-86; Fourth NPRM 8/2/00 (adopted 7/25/00); FCC 00-271 The Development of Operational, Technical and Spectrum Requirements for Meeting Federal, State and Local Public Safety Communication Requirements through
• http://www.fcc.gov/Bureaus/Miscellaneous/Public_Notices/Agenda/2001/ag010419.html
  • 2001, which is scheduled to commence at 9:30 a.m. in Room TW-C305, at 445 12th Street, S. W., Washington, D.C. ITEM NO. BUREAU SUBJECT 1 COMMON CARRIER TITLE: Developing a Unified Intercarrier Compensation Regime. SUMMARY: The Commission will consider a Notice of Proposed Rulemaking to explore ways of reforming existing intercarrier compensation rules. 2 MASS MEDIA TITLE: Amendment of Section 73.658(g) of the Commissions Rules - - The Dual Network Rule (MM Docket No. 00-108). SUMMARY: The Commission will consider a Report and Order resolving the issues raised in the Notice of Proposed Rule Making. 3 MASS MEDIA TITLE: Status of the Digital Television Transition. SUMMARY: The Commission will hear a presentation on the status of the transition from analog to
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000621.html
  • THE 10TH ANNIVERSARY OF THE AMERICANS WITH DISABILITIES ACT, TORCH RELAY, LOS ANGELES CONVENTION CENTER, LOS ANGELES, CA, JUNE 19. OCH [33]DOC-203495A1.pdf [34]DOC-203495A1.doc ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- BELL ATLANTIC-NEW YORK CONSENT DECREE (FCC 99-02). Concluded Bell Atlantic's obligations under the Consent Decree have terminated. Action by: Chief, Enforcement Bureau. Adopted: 06/20/2000 by LETTER. ENF [35]DOC-203494A1.pdf [36]DOC-203494A1.doc AMENDMENT OF SECTION 73.658(G) OF THE RULES -- THE DUAL NETWORK RULE. Proposed amending the "dual network" rule applicable to broadcast stations. (Dkt No. 00-108). Action by: the Commission. Adopted: 06/08/2000 by NPRM. (FCC No. 00-213). MMB 1998 BIENNIAL REGULATORY REVIEW -- REVIEW OF THE BROADCAST OWNERSHIP RULES AND OTHER RULES. Biennial review report pursuant to Section 202 of the Telecommunications Act of 1996.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010515.html
  • rules to provide a streamlined process for compliance with Section 258 of the Communications Act of 1934 in situations involving carrier-to-carrier sale or subscriber bases [Announcement of effective date, June 21, 2001; 66 FR 33208. (Dkt No. 94-129, 00-257). Action by: The Commission. Adopted: 05/07/2001 by R&O. (FCC No. 01-156). CCB. Contact Dana Bradford [34]FCC-01-156A1.doc [35]FCC-01-156A1.pdf [36]FCC-01-156A1.txt AMENDMENT OF SECTION 73.658(G) OF THE COMMISSION'S RULES - THE DUAL NETWORK RULE. Amended Section 73.658(f) of Rules, the "dual network" rule, to permit one of the four major television networks - ABC, CBS, Fox and NBC to own, operate, maintain or control the UPN and/or the WB television network.. (Dkt No. 00-108). Action by: The Commission. Adopted: 04/19/2001 by R&O. (FCC No. 01-133).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020419.html
  • MB. Contact: Marcia Glauberman at (202) 418-7046 or Kathleen Campbell at (202) 418-0753 [27]DA-02-922A1.doc [28]DA-02-922A1.pdf [29]DA-02-922A1.txt Report No: 45217 Released: 04/19/2002. BROADCAST ACTIONS. MB [30]DOC-221741A1.txt Report No: 0035 Released: 04/19/2002. SPECIAL RELIEF AND SHOW CAUSE PETITIONS. MB [31]DOC-221713A1.doc [32]DOC-221713A1.pdf [33]DOC-221713A1.txt Report No: 25217 Released: 04/19/2002. BROADCAST APPLICATIONS. MB [34]DOC-221740A1.txt Released: 04/19/2002. PETITION FOR SPECIAL RELIEF SEEKING A WAIVER OF SECTION 73.658(I) OF THE COMMISSION'S RULES BSR-001. (DA No. 02-913) Oppositions Due: 05/09/2002. Comments Due: 05/09/2002. Reply Comments Due: 05/19/2002. MB. Contact: Pamela Pusey at (202) 418-1067. News Media Contact: Margo Domon Davenport at (202) 418-7200 [35]DA-02-913A1.doc [36]DA-02-913A1.pdf [37]DA-02-913A1.txt Released: 04/19/2002. PLEADING CYCLE ESTABLISHED FOR NPRM REGARDING THE APPROPRIATE REGULATORY TREATMENT FOR BROADBAND ACCESS TO THE INTERNET OVER CABLE FACILITIES. (DA No.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040319.html
  • Report No: AUC-04-84-B Released: 03/19/2004. CERTAIN AM AUCTION NO. 84 FILING WINDOW APPLICATIONS ARE DETERMINED INELIGIBLE FOR AUCTION PROCESSING. (DA No. 04-744) Auction No. 84. MB. Contact: Edward De La Hunt, Ann Gallagher, Lisa Scanlan, or Tom Nessinger at (202) 418-2700 [13]DA-04-744A1.doc [14]DA-04-744A1.pdf [15]DA-04-744A1.txt Released: 03/19/2004. COMMENT SOUGHT ON "REQUEST FOR EXPEDITED DECLARATORY RULING" CONCERNING THE TERRITORIAL EXCLUSIVITY RULE (SECTION 73.658(B) OF THE COMMISSION'S RULES). "PERMIT BUT DISCLOSE" EX PARTE STATUS ACCORDED. (DA No. 04-747). MB. Contact: Jane Gross at (202) 418-2120 [16]DA-04-747A1.doc [17]DA-04-747A1.pdf [18]DA-04-747A1.txt Report No: 45696 Released: 03/19/2004. BROADCAST ACTIONS. MB [19]DOC-245096A1.txt [20]DOC-245096A1.pdf Report No: 25696 Released: 03/19/2004. BROADCAST APPLICATIONS. MB [21]DOC-245095A1.txt [22]DOC-245095A1.pdf Released: 03/19/2004. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT PERIOD FILING IN PERMIT-BUT-DISCLOSURE PROCEEDINGS. OMD. Contact: Barbara
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2004/dd040324.html
  • request for recission of special temporary authority filed by WBCD Broadcasting, Inc. Granted the application for a construction permit for a television translator station on channel 50 at Martinsburg, WV. Action by: Chief, Video Division, Media Bureau by LETTER. (DA No. 04-767). MB [44]DA-04-767A1.doc [45]DA-04-767A1.pdf [46]DA-04-767A1.txt COMMENT SOUGHT ON "REQUEST FOR EXPEDITED DECLARATORY RULING" CONCERNING THE TERRITORIAL EXCLUSIVITY RULE SECTION 73.658(B) OF THE COMMISSION'S RULES, "PERMIT BUT DISCLOSE" EX PARTE STATUS ACCORDED. Erratum correcting, Public Notice, DA 04-747, released March 19, 2004, and amended Title of Notice by adding "MB Docket No. 04-75" beneath "Permit But Disclose" Ex Parte Status Accorded". Amended Comment and Reply Comment Dates. (Dkt No. 04-75). Action by: Chief, Media Bureau. Comments Due: 04/28/2004. Reply Comments Due:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2009/dd091023.html
  • BUREAU ACTIONS. MB [46]DOC-294158A1.doc [47]DOC-294158A1.pdf [48]DOC-294158A1.txt Report No: 47097 Released: 10/23/2009. BROADCAST ACTIONS. MB [49]DOC-294151A1.pdf [50]DOC-294151A2.txt Report No: 0296 Released: 10/23/2009. SPECIAL RELIEF AND SHOW CAUSE PETITIONS. MB . Contact: (202) 418-7200 [51]DOC-294168A1.doc [52]DOC-294168A1.pdf [53]DOC-294168A1.txt Report No: 27097 Released: 10/23/2009. BROADCAST APPLICATIONS. MB [54]DOC-294150A1.pdf [55]DOC-294150A2.txt Released: 10/23/2009. COMMENT DATES ESTABLISHED FOR ESTRELLA TV PETITION FOR WAIVER OF 47 C.F.R. SECTION 73.658(I), THE NETWORK REPRESENTATION RULE. (DA No. 09-2279). (Dkt No 09-192 ). Comments Due: 11/23/2009. Reply Comments Due: 12/07/2009. MB . Contact: Lyle Elder at (202) 418-2120, email: Lyle.Elder@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165, email: Janice.Wise@fcc.gov [56]DA-09-2279A1.doc [57]DA-09-2279A1.pdf [58]DA-09-2279A1.txt Released: 10/23/2009. FILING WINDOW FOR VACANT FM ALLOTMENTS RESERVED FOR NONCOMMERCIAL EDUCATIONAL USE RESCHEDULED TO FEBRUARY 19-26, 2010; ASSOCIATED
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100506.html
  • [2]DOC-297946A1.pdf [3]DOC-297946A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Report No: TEL-01427 Released: 05/06/2010. INTERNATIONAL AUTHORIZATIONS GRANTED. (DA No. 10-780). IB . Contact: (202) 418-1460 [4]DA-10-780A1.pdf [5]DA-10-780A1.txt Report No: 47230 Released: 05/06/2010. BROADCAST ACTIONS. MB [6]DOC-297915A1.pdf [7]DOC-297915A2.txt Report No: 27230 Released: 05/06/2010. BROADCAST APPLICATIONS. MB [8]DOC-297914A1.pdf [9]DOC-297914A2.txt Released: 05/06/2010. COMMENT DATES ESTABLISHED FOR MEGATV PETITION FOR WAIVER OF 47 C.F.R. SECTION 73.658(I), THE NETWORK REPRESENTATION RULE. (DA No. 10-775). (Dkt No 10-89 ). Comments Due: 06/07/2010. Reply Comments Due: 06/22/2010. MB . Contact: Lyle Elder at (202) 418-2120, email: Lyle.Elder@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165, email: Janice.Wise@fcc.gov [10]DA-10-775A1.doc [11]DA-10-775A1.pdf [12]DA-10-775A1.txt Report No: 427 Released: 05/06/2010. EXPERIMENTAL ACTIONS. OET [13]DOC-297921A1.doc [14]DOC-297921A1.pdf [15]DOC-297921A1.txt Released: 05/06/2010. EX PARTE PRESENTATIONS AND POST-REPLY COMMENT
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2010/dd100810.html
  • RELEASED AUGUST 9, 2010, DID NOT APPEAR IN DIGEST NO. 153: ----------------------------------------------------------------------- --- NEWS RELEASES ----------------------------------------------------------------------- --- STATEMENT OF COMMISSIONER MICHAEL J. COPPS ON VERIZON GOOGLE ANNOUNCEMENT. STMT. News Media Contact: John Giusti at (202) 418-2000 CMMR [25]DOC-300754A1.doc [26]DOC-300754A1.pdf [27]DOC-300754A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 08/09/2010. COMMENT DATES ESTABLISHED FOR MAMBO PETITION FOR WAIVER OF 47 C.F.R. SECTION 73.658(I), THE NETWORK REPRESENTATION RULE. (DA No. 10-1455). (Dkt No 10-161 ). Comments Due: 09/08/2010. Reply Comments Due: 09/23/2010. MB . Contact: Lyle Elder at (202) 418-2120, email: Lyle.Elder@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165, email: Janice.Wise@fcc.gov [28]DA-10-1455A1.doc [29]DA-10-1455A1.pdf [30]DA-10-1455A1.txt Released: 08/09/2010. FCC SEEKS PUBLIC COMMENT ON NATIONAL BROADBAND PLAN RECOMMENDATION TO CREATE A CYBERSECURITY ROADMAP. (DA No. 10-1354).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2011/dd111221.html
  • TRANSFER CONTROL OF INTELSAT LICENSES AND AUTHORIZATIONS FROM BC PARTNERS HOLDINGS LIMITED TO PUBLIC OWNERSHIP. (DA No. 11-2038). (Dkt No 11-205 ) Petitions to Deny Due: 01/19/2012, Oppositions Due: 01/30/2012. Reply Comments Due: 02/06/2012. IB . Contact: Lynne Montgomery at (202) 418-2229, email: Lynne.Montgomery@fcc.gov [54]DA-11-2038A1.doc [55]DA-11-2038A1.pdf [56]DA-11-2038A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- MAMBO, LLC (GENTV), PETITION FOR WAIVER OF SECTION 73.658(I) OF THE COMMISSION'S RULES. Granted Mambo the Petition for Waiver of the Network Representation Rule. (Dkt No. 10-161 ). Action by: Chief, Media Bureau. Adopted: 12/19/2011 by ORDER. (DA No. 11-2039). MB [57]DA-11-2039A1.doc [58]DA-11-2039A1.pdf [59]DA-11-2039A1.txt SPANISH BROADCASTING SYSTEM INC. (MEGATV), PETITION FOR WAIVER OF SECTION 73.658(I) OF THE COMMISSION'S RULES. Granted MegaTV the Petition for Waiver of the Network Representation
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2012/dd120207.html
  • STATEMENT OF FCC COMMISSIONER MIGNON L. CLYBURN ON THE RELEASE OF A REQUEST FOR QUOTATION FOR STUDY EXAMINING THE CRITICAL INFORMATION NEEDS OF THE AMERICAN PUBLIC. STMT. News Media Contact: Dave Grimaldi at (202) 418-2100 OCMC [14]DOC-312316A1.doc [15]DOC-312316A1.pdf [16]DOC-312316A1.txt ----------------------------------------------------------------------- --- PUBLIC NOTICES ----------------------------------------------------------------------- --- Released: 02/06/2012. COMMENT DATES ESTABLISHED FOR FOX PETITION FOR EXPEDITED WAIVER OF 47 C.F.R. SECTION 73.658(I), THE NETWORK REPRESENTATION RULE. (DA No. 12-153). (Dkt No 12-31 ). Comments Due: 03/07/2012. Reply Comments Due: 03/22/2012. MB . Contact: Lyle Elder at (202) 418-2120, email: Lyle.Elder@fcc.gov. News Media Contact: Janice Wise at (202) 418-8165, email: Janice.Wise@fcc.gov [17]DA-12-153A1.doc [18]DA-12-153A1.pdf [19]DA-12-153A1.txt Released: 02/06/2012. THE OFFICE OF COMMUNICATIONS BUSINESS OPPORTUNITIES AND THE MEDIA BUREAU ANNOUNCE THE RELEASE OF A REQUEST FOR
• http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt142.doc http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt142.html http://www.fcc.gov/Speeches/Tristani/Statements/2001/stgt142.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit 3 DISSENTING STATEMENT COMMISSIONER GLORIA TRISTANI In The Matter of Amendment of Section 73.658(g)--The Commission's Dual Network Rule for Emerging Networks, MM Docket No. 00-108 1 In this Report and Order the Commission amends 47 C.F.R. §73.658(g) (dual network rule) to permit one of the four major television networks - ABC, CBS, Fox and NBC - to own, operate, maintain or control the UPN and/or the WB television network.2 Because I believe elimination of
• http://www.fcc.gov/cgb/dro/VD_Recon_Order.doc
  • or affiliated with a national television network ``to devote, during the four hours of prime time (7-11 p.m. e.t. and p.t., 6-10 p.m. c.t. and m.t.), no more than three hours to the presentation of programs from a national network, programs formerly on a national network (off-network programs) other than feature films, or, on Saturdays, feature films.'' 47 C.F.R. § 73.658 (1994) (repealed). See Nielsen Media Research, 2000 Report on Television, The First Fifty Years at 14 (2000) (defining prime time as. 8 to 11:00 p.m., Monday through Saturday, and 7 to 11:00 p.m. Sunday). TBS Petition at 7. Video Description Report and Order, 15 FCC Rcd at 15246, ¶ 38. Video Description Report and Order, 15 FCC Rcd at 15246,
• http://www.fcc.gov/eb/Orders/2006/FCC-06-19A1.html
  • programming over their stations, but this is not a new requirement. See NAL, 19 FCC Rcd at 19241, P 25. See also Complaints Against Various Licensees Regarding Their Broadcast of the Fox Network Program "Married by America" on April 7, 2003, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 20191 (2004) ("Married by America") (response pending); 47 C.F.R. S 73.658(e)(1) (prohibiting television stations from entering into arrangements with networks that restrict their right to reject programming that the stations reasonably believe to be unsatisfactory or unsuitable or contrary to the public interest). Another such filing by Litigation Recovery Trust ("LRT") is styled a "Petition for Reconsideration" but fails to meet the requirements of Section 1.106(b)(1) of our rules for petitions
• http://www.fcc.gov/fcc-bin/audio/DA-08-407A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-407A1.pdf
  • station's authorized frequency). See, e.g., 47 C.F.R. § 73.44(b). We therefore attach no significance to the Residents' measurements purporting to show that harmonic radiation increases when KRPI converts operations to its authorized daytime power level. See KRPI Engineering Statement (Photo Attachment). See Network Representation of TV Stations in National Spot Sales, Request of Spanish International Network for Waiver of § 73.658(i), Request of Telemundo Group for Waiver of § 73.658(i), Request of Latin International Group for Waiver of § 73.658(i), Report and Order, 5 FCC Rcd. 7280, 7281 (1990). (``[f]ostering foreign-language programming'' is a ``longstanding goal'' of the Commission.) Letter to Betsy Webster, et al, DA 07-3821, (Aud. Div. Sept. 4, 2007). (``[C]oncern over property values is not an environmental factor
• http://www.fcc.gov/fcc-bin/audio/DA-10-242A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-242A1.pdf
  • Rocking M concerning money damages before a local court of competent jurisdiction. The Commission does not decide such contractual matters. We note that the Commission has imposed additional limitations in the context of television network affiliation agreements, prohibiting the imposition of monetary penalties on television affiliates in the narrow context of preemptions protected by the ``right to reject'' rule, Section 73.658(e). That rule is inapplicable to the Affiliation Agreements. The Commission has not imposed a similar restriction with regard to radio LMAs or any other type of radio programming agreement. As noted above and to the contrary, it has concluded that reasonable liquidated damages are consistent with Section 310(d) requirements. We hold that reasonable monetary damages relating to an otherwise enforceable
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A1.pdf
  • TV stations and six commercial radio stations, it may own one commercial TV station and seven commercial radio stations. For this rule, a ``voice'' includes independently owned and operating same-market, commercial and noncommercial broadcast TV stations, radio stations, independently owned daily newspapers, and cable systems (all cable systems within the DMA are counted as a single voice)). 47 C.F.R. § 73.658(g) (permitting a television broadcast station to affiliate with a network that maintains more than one broadcast network, unless the dual or multiple networks are created by a combination between ABC, CBS, Fox, or NBC). Fox Television Stations, Inc. v. FCC, 280 F.3d 1027, 1044 (D.C. Cir. 2002) (``Fox Television''), rehearing granted, 293 F.3d 537 (D.C. Cir. 2002) (``Fox Television Re-Hearing'')
• http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.doc http://www.fcc.gov/fcc-bin/audio/FCC-03-127A2.pdf
  • FCC Rcd at 25085, Notice of Proposed Rulemaking in MM Docket 00-244, 15 FCC Rcd at 25085, and the Notice of Proposed Rulemaking in MM Docket 01-235, 16 FCC Rcd at 17307. Cited collectively as the NPRMs. See 5 U.S.C. § 604. See 47 C.F.R. § 73.3555(c). See 47 C.F.R. § 73.3555(b). See 47 C.F.R.§ 73.3555(c). See 47 C.F.R. § 73.658(g). See 47 C.F.R. § 73.3555(a). See 47 C.F.R. § 73.355(d). SBA's comments were endorsed in an e-mail from Chris Powell, managing editor of the Journal Inquirer in Manchester, Connecticut, and by Susan Hager of the Alliance for Small Business Regulatory Fairness. The Center for the Creative Community (CCC) also filed comments in response to the IRFA in the Notice, echoing
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • [321]PDF 73.635 Use of common antenna site. [322]TEXT [323]PDF 73.641 Subscription TV definitions. [324]TEXT [325]PDF 73.642 Subscription TV service. [326]TEXT [327]PDF 73.643 Subscription TV operating requirements. [328]TEXT [329]PDF 73.644 Subscription TV transmission systems. [330]TEXT [331]PDF 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. [332]TEXT [333]PDF 73.653 Operation of TV aural and visual transmitters. [334]TEXT [335]PDF 73.658 Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements. [336]TEXT [337]PDF 73.664 Determining operating power. [338]TEXT [339]PDF 73.665 Use of TV aural baseband subcarriers. [340]TEXT [341]PDF 73.667 TV subsidiary communications services. [342]TEXT [343]PDF 73.669 TV stereophonic aural and multiplex subcarrier operation. [344]TEXT [345]PDF 73.670 Commercial limits in children's programs. [346]TEXT [347]PDF 73.671 Educational and informational programming for
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • [274]PDF 73.635 Use of common antenna site. [275]TEXT [276]PDF 73.641 Subscription TV definitions. [277]TEXT [278]PDF 73.642 Subscription TV service. [279]TEXT [280]PDF 73.643 Subscription TV operating requirements. [281]TEXT [282]PDF 73.644 Subscription TV transmission systems. [283]TEXT [284]PDF 73.646 Telecommunications Service on the Vertical Blanking Interval and in the Visual Signal. [285]TEXT [286]PDF 73.653 Operation of TV aural and visual transmitters. [287]TEXT [288]PDF 73.658 Affiliation agreements and network program practices; territorial exclusivity in non-network program arrangements. [289]TEXT [290]PDF 73.664 Determining operating power. [291]TEXT [292]PDF 73.665 Use of TV aural baseband subcarriers. [293]TEXT [294]PDF 73.667 TV subsidiary communications services. [295]TEXT [296]PDF 73.669 TV stereophonic aural and multiplex subcarrier operation. [297]TEXT [298]PDF 73.670 Commercial limits in children's programs. [299]TEXT [300]PDF 73.671 Educational and informational programming for
• http://www.fcc.gov/mb/engineering/76print.html
  • With respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined in 73.658(m) of this Chapter, except that small market television stations shall be entitled to a secondary protection zone of 32.2 additional kilometers (20 additional miles). To the extent rights are obtained for any hyphenated market named in 76.51, such rights shall not exceed those permitted under 73.658(m) of this Chapter for each named community in that market. " [260][TOP] 76.93 Parties
• http://www.fcc.gov/mb/engineering/part76.pdf
  • With respect to network programming, the geographic zone within which the television station is entitled to enforce network non-duplication protection and priority of shall be that geographic area agreed upon between the network and the television station. In no event shall such rights exceed the area within which the television station may acquire broadcast territorial exclusivity rights as defined in §73.658(m) of this Chapter, except that small market television stations shall be entitled to a secondary protection zone of 32.2 additional kilometers (20 additional miles). To the extent rights are obtained for any hyphenated market named in §76.51, such rights shall not exceed those permitted under §73.658(m) of this Chapter for each named community in that market. § 76.93 Parties entitled
• http://www.fcc.gov/ogc/documents/opinions/2004/03-3388-062404.pdf
  • voices in the market. Id. 6The Commission also announced that it would propose modification of the newspaper/broadcast cross-ownership rule and the dual network rule (which allows a broadcast station to affiliate with more than one network except that stations may not affiliate with more than one of the four largest networks: ABC, CBS, Fox, and NBC, see 47 C.F.R. § 73.658(g)). The Commission also found that the local radio rule was necessary in the public interest, but announced that it would seek further comments on alternative methods for defining radio station markets. 1998 Biennial Regulatory Review ¶ 4. 21 merger. Review of the Commission's Regulations Governing Television Broadcasting, 14 F.C.C.R. 12,903, ¶ 8 (1999) ("1999 Television Rule Review"). In the same
• http://www.fcc.gov/ownership/materials/already-released/scarcity030005.pdf
  • F.C.C.2d 371, 420 (1976) ¶ 147, reversed on other grounds, Central Florida Enterprises, Inc. v. FCC, 598 F.2d 37 (D.C. Cir. 1978), cert. dismissed, 441 U.S. 957 (1979). 43 See, e.g., Petition for Rulemaking to Require Broadcast Licensees to Show Nondiscrimination in Their Employment Practices, 23 F.C.C.2d 430 (1970). 44 See, e.g., Review of the Prime Time Access Rule, § 73.658 (k) of the Commission's Rules, 11 FCC Rcd 546 (1995). 45 See, e.g., City of Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750 (1988) (invalidating, on First Amendment grounds, city ordinance that gave Mayor unlimited discretion in granting and denying permits to place newsracks on public property); Arkansas Writers' Project, Inc. v. Ragland, 481 U.S. 221 (1987) (invalidating, on
• http://www.fcc.gov/ownership/materials/already-released/survivor090002.pdf
  • from multiple sources in the spot market. 38 John M. Higgins and Allison Romano, "Cheaper by the thousand." Broadcasting and Cable Feb. 4, 2002, at 20-28. 39 See Report and Order in MM Docket No. 95-39 (Review of the Syndication and Financial Interest Rules), 10FCC Rcd 12165 (1995) and Report and Order in MM Docket No. 00-108 (Amendment of Section 73.658(g) of t he Commission's Rules ­ The Dual Network Rule), 16 FCC Rcd 11114 (2001). 28 Viacom to purchase CBS. Even if one were to concede that the motivation to launch UPN and WB was primarily defensive, it is still true that well over 200 television stations found it advantageous to affiliate with these networks, suggesting that networking remains a
• http://www.fcc.gov/transaction/univision/ricon09290b.pdf
  • language is dominant in that market. 33 In 1978, the Commission granted the Spanish International Networks request for a waiver of the Network Representation Rule because at that time Spanish television stations were "fledgling" entities. Network Representation of TV Stations in National Spot Sales; Request of Spanish National Network, FCC 78-682, 43 Federal Register 45895 (1978); See also Amendment of §73.658(i) of the Commission's Rules Concerning Network Representation of TV Stations in National Spot Sales, 5 FCC Rcd 7280 (1990); See Telemundo Commun. Group, Inc. 17 FCC Rcd. 6958 (2002). In the NBC/Telemundo merger, the Commission granted NBC twice as much time to divest certain television stations as it had afforded ABC during its merger with Disney in the exact same